Baker v. Carr

Media Items
Oral Argument, Part 1
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Oral Argument, Part 2
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Advocates
Archibald Cox (By special leave of Court, reargued the cause for the United States, as amicus curiae, urging reversal)
Charles S. Rhyne (Argued the cause for the appellants)
Z. T. Osborn, Jr. (Reargued the cause for the appellees)
Jack Wilson (Reargued the cause for the appellees)
Case Basics
Docket No.: 
6
Appellee: 
Carr
Appellant: 
Baker
Decided By: 
Warren Court (1958-1962)
Opinion: 
369 U.S. 186 (1962)
Argued: 
April 19-20, 1961
Categories: 
political questions, jurisdiction, separation of powers, justiciability, elections

Cite this page
The Oyez Project, Baker v. Carr , 369 U.S. 186 (1962)
available at: (http://oyez.org/cases/1960-1969/1960/1960_6)
Facts of the Case: 

Charles W. Baker and other Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state's General Assembly was virtually ignored. Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth and population shifts within the state.

Question: 

Did the Supreme Court have jurisdiction over questions of legislative apportionment?

Conclusion: 

In an opinion which explored the nature of "political questions" and the appropriateness of Court action in them, the Court held that there were no such questions to be answered in this case and that legislative apportionment was a justiciable issue. In his opinion, Justice Brennan provided past examples in which the Court had intervened to correct constitutional violations in matters pertaining to state administration and the officers through whom state affairs are conducted. Brennan concluded that the Fourteenth Amendment equal protection issues which Baker and others raised in this case merited judicial evaluation.

Decisions

Decision: 6 votes for Baker, 2 vote(s) against
Legal provision:

Sort by Ideology

Voted with the majority
Warren
Voted with the majority
Black
Wrote a dissent, joined Harlan's dissent
Frankfurter
Wrote a regular concurrence
Douglas
Wrote a regular concurrence
Clark
Wrote a dissent, joined Frankfurter's dissent
Harlan
Wrote the majority opinion
Brennan
Did not participate
Whittaker
Wrote a regular concurrence
Stewart

Full Opinion by Justice William J. Brennan, Jr.