Wesberry v. Sanders/Dissent Stewart

Wesberry v. Sanders
by Potter Stewart
Dissent
939301Wesberry v. Sanders — DissentPotter Stewart
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 Wikipedia article

Mr. Justice STEWART.

I think it is established that 'this Court has power to afford relief in a case of this type as against the objection that the issues are not justiciable,' [*] and I cannot subscribe to any possible implication to the contrary which may lurk in Mr. Justice HARLAN'S dissenting opinion. With this single qualification I join the dissent because I think Mr. Justice HARLAN has unanswerably demonstrated that Art, I, § 2, of the Constitution gives no mandate to this Court or to any court to ordain that congressional districts within each State must be equal in population.

Notes edit

 

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

 

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