Wesberry v. Sanders/Dissent Stewart

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Wesberry v. Sanders
by Potter Stewart
Dissent
939301Wesberry v. Sanders — DissentPotter Stewart
Court Documents
Case Syllabus
Opinion of the Court
Concurrence/Dissent
Clark
Dissenting Opinions
Harlan
Stewart
 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

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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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