The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: January 25-26, 1966
Decision: Thursday, March 24, 1966
Issues: Civil Rights, Voting
Categories: elections, equal protection, fourteenth amendment, separation of powers, voting

Advocates

Allison W. Brown, Jr. (Argued the cause for the appellants Harper et al)
George D. Gibson (Argued the cause for the appellees, Virginia Board of Elections and Harrison, in both cases)
J. A. Jordan, Jr. (Argued the cause for the appellant Butts)
Robert L. Segar (Argued the cause for the appellant Butts)

Facts of the Case

Annie E. Harper, a resident of Virginia, filed suit alleging that the state's poll tax was unconstitutional. After a three-judge district court dismissed the complaint, the case went to the Supreme Court. This case was decided together with Butts v. Harrison.

Question

Did the Virginia poll tax violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

In a 6-to-3 decision, the Court held that making voter affluence an electoral standard violated the Equal Protection Clause. The Court found that wealth or fee-paying had no relation to voting qualifications. The Court also noted that the Equal Protection Clause was not "shackled to the political theory of a particular era" and that notions of what constituted equal treatment under the Clause were subject to change.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Harper, 3 vote(s) against
Legal Provision: Equal Protection
Voted with the majority
Warren
Wrote a dissent
Black
Wrote the majority opinion
Douglas
Voted with the majority
Clark
Wrote a dissent
Harlan
Voted with the majority
Brennan
Voted with the minority, joined Harlan's dissent
Stewart
Voted with the majority
White
Voted with the majority
Fortas
Full Opinion by Justice William O. Douglas

Cite this page

The Oyez Project, Harper v. Virginia Board of Elections, 383 U.S. 663 (1966),
available at: <http://www.oyez.org/cases/1960-1969/1965/1965_48/>
(last visited ).