The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: April 19-20, 1961
Reargument: Monday, October 9, 1961
Decision: Monday, March 26, 1962
Issues: Civil Rights, Reapportionment
Categories: elections, jurisdiction, justiciability, political questions, separation of powers

Advocates

Archibald Cox (By special leave of Court, reargued the cause for the United States, as amicus curiae, urging reversal)
Z. T. Osborn, Jr. (Reargued the cause for the appellees)
Charles S. Rhyne (Argued the cause for the appellants)
Jack Wilson (Reargued the cause for the appellees)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Baker, 2 vote(s) against
Did not participate
Whittaker
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
Wrote a regular concurrence
Stewart
Full Opinion by Justice William J. Brennan, Jr.

Cite this page

The Oyez Project, Baker v. Carr, 369 U.S. 186 (1962),
available at: <http://www.oyez.org/cases/1960-1969/1960/1960_6/>
(last visited ).