"one person, one vote" - How A Long-Lost Footnote Could Save The Supreme Court From Itself

  • metta

    Posts: 39165

    Dec 08, 2015 4:38 PM GMT
    How A Long-Lost Footnote Could Save The Supreme Court From Itself


    "Evenwel is a dangerous case because the challengers -- two Republican voters from Texas with rather radical views -- essentially seek nationalization, except in a roundabout way. They want the justices to read the "one person, one vote" principle to prohibit states from drawing legislative districts based on total population, currently the most popular method. Instead, they argue the principle compels the creation of equal districts based on the total number of eligible voters in the state. All as a matter of constitutional law."

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    http://www.huffingtonpost.com/entry/footnote-could-save-supreme-court_5661c443e4b072e9d1c5d738
  • Suetonius

    Posts: 1842

    Dec 08, 2015 8:11 PM GMT
    An interesting case. It brings up the question (one possible outcome) - should only citizens be counted when apportioning districts? So, even if the state counts kiddies and felons, should they count foreigners? Foreigners can't vote, after all, and for 90% of them, have no right to be living where they are.

    One of the justices (Roberts?; "coke Can Thomas"?) made the comment that it might all be moot if they come up with a final rule that who gets counted is up to each state to decide. (The state in this case, Texas, opposed the suit.)