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Avery v. Midland County, 390 U.S. 474 (1968)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Avery v. Midland County, 390 U.S. 474 (1968)
MR. JUSTICE STEWART, dissenting.
I would dismiss the writ as improvidently granted for the reasons stated by MR. JUSTICE HARLAN and MR. JUSTICE FORTAS.
Since the Court does reach the merits, however, I add that I agree with most of what is said in the thorough dissenting opinion of MR. JUSTICE FORTAS. Indeed, I would join that opinion were it not for the author’s unquestioning endorsement of the doctrine of Reynolds v. Sims, 377 U.S. 533. I continue to believe that the Court’s opinion in that case misapplied the Equal Protection Clause of the Fourteenth Amendment -- that the apportionment of the legislative body of a sovereign State, no less than the apportionment of a county government, is far too subtle and complicated a business to be resolved as a matter of constitutional law in terms of sixth-grade arithmetic. My views on that score, set out at length elsewhere,* closely parallel those expressed by MR. JUSTICE FORTAS in the present case.
* Lucas v. Colorado General Assembly, 377 U.S. 713, 744 (dissenting opinion).
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Chicago: Stewart, "Stewart, J., Dissenting," Avery v. Midland County, 390 U.S. 474 (1968) in 390 U.S. 474 390 U.S. 510. Original Sources, accessed October 17, 2024, http://originalsources.com/Document.aspx?DocID=9H2Y4IR7I51QR4B.
MLA: Stewart. "Stewart, J., Dissenting." Avery v. Midland County, 390 U.S. 474 (1968), in 390 U.S. 474, page 390 U.S. 510. Original Sources. 17 Oct. 2024. http://originalsources.com/Document.aspx?DocID=9H2Y4IR7I51QR4B.
Harvard: Stewart, 'Stewart, J., Dissenting' in Avery v. Midland County, 390 U.S. 474 (1968). cited in 1968, 390 U.S. 474, pp.390 U.S. 510. Original Sources, retrieved 17 October 2024, from http://originalsources.com/Document.aspx?DocID=9H2Y4IR7I51QR4B.
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