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View Diary: Abbreviated Pundit Round-Up (149 comments)

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  •  Well, there are court decisions indicating it may (5+ / 0-)

    be. I extracted language from two in a previous post.

    Here are extracts from Reynolds v. Sims - 377 U.S. 533 (1964) with my emphasis:

    To the extent that a citizen's right to vote is debased, he is that much less a citizen. The fact that an individual lives here or there is not a legitimate reason for overweighting or diluting the efficacy of his vote.
    Malapportionment can, and has historically, run in various directions. However and whenever it does, it is constitutionally impermissible under the Equal Protection Clause.
    That was an Alabama case explicitly addressing a rural/urban imbalance as we see in these schemes. Two others, collectively cited in "one man, one vote" discussions are Baker v. Carr - 369 U.S. 186 (1962) and Wesberry v. Sanders - 376 U.S. 1 (1964). Gray v. Sanders - 372 U.S. 368 (1963) played a part in ending Georgia's pernicious County Unit System with this from New Georgia Encyclopedia's page on that case's impact:
    Chief Justice Earl Warren once said that the most important judicial pronouncements of his tenure were not the momentous school-desegregation decisions, but the U.S. Supreme Court's rulings that compelled states throughout the nation to reconfigure their electoral processes according to the principle of "one person, one vote." In Baker v. Carr (1962), a seminal procedural ruling out of Tennessee, the Supreme Court held that reapportionment challenges could be brought in federal court under the "equal protection" clause, despite earlier suggestions that cases of this kind were "nonjusticiable."
    So, despite many comments even here that courts cannot get involved, these cases indicate that is not precisely true. Of course after decades of GOP packing of courts with ideologues, particularly SCOTUS, it precedent may not count.

    The only foes that threaten America are the enemies at home, and those are ignorance, superstition, and incompetence. [Elbert Hubbard]

    by pelagicray on Sun Feb 03, 2013 at 06:26:55 AM PST

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    •  Equal protection was exactly (1+ / 0-)
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      what I had in mind. Obviously hard to prove violations of it, but I'm sure it can be done, and certainly worth pursuing.

      "Liberty without virtue would be no blessing to us" - Benjamin Rush, 1777

      by kovie on Sun Feb 03, 2013 at 07:56:13 AM PST

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