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Abstract
| Oral Argument: |
Tuesday, November 16, 1971
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| Decision: |
Tuesday, March 21, 1972 |
| Issues: |
Civil Rights, Residency Requirements |
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Advocates
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Facts of the Case
A Tennessee law required a one-year residence in the state and a three-month residence in the county as a precondition for voting. James Blumstein, a university professor who had recently moved to Tennessee, challenged the law by filing suit against Governor Winfield Dunn and other local officials in federal district court.
Question
Did Tennessee's durational residency requirements violate the Equal Protection Clause of the Fourteenth Amendment?
Conclusion
In a 6-to-1 decision, the Court held that the law was an unconstitutional infringement upon the right to vote and the right to travel. Applying a strict equal protection test, the Court found that the law did not necessarily promote a compelling state interest. Justice Marshall argued in the majority opinion that the durational residency requirements were neither the least restrictive means available to prevent electoral fraud nor an appropriate method of guaranteeing the existence of "knowledgeable voters" within the state.