Avery v. Midland County, 390 U.S. 474 (1968)

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Author: Justice Stewart

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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 March 1, 2024, http://www.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. 1 Mar. 2024. http://www.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 1 March 2024, from http://www.originalsources.com/Document.aspx?DocID=9H2Y4IR7I51QR4B.