Scholle v. Hare, 369 U.S. 429 (1962)

Scholle v. Hare


No. 22


Decided April 23, 1962
369 U.S. 429

APPEAL FROM THE SUPREME COURT OF MICHIGAN

Syllabus

Appellant petitioned the Supreme Court of Michigan for a writ of mandamus to restrain appellees from conducting a state senatorial election in accordance with a 1952 amendment to the State Constitution providing for the election of each Senator from a district geographically described in the amendment and not subject to change because of fluctuations in the population. He claimed that the amendment denied him equal protection of the laws and due process of law contrary to the Fourteenth Amendment. The State Supreme Court dismissed the petition.

Held: the judgment is vacated and the case is remanded to that Court for further consideration in the light of Baker v. Carr, ante, p. 186.

Reported below: 360 Mich. 1, 104 N.W.2d 63.