He wrote “We conclude that the complaint’s allegations of a denial of equal protection present a justiciable constitutional cause of action upon which appellants are entitled to a trial and a decision. Plaintiff, and Shelby County resident, Charles Baker, alleged that he was denied equal protection under the Fourteenth Amendment, and sued Joe Carr, Tennessee’s Secretary of State. But they are permitted to vote and their votes are counted. Justice William O. Douglas wrote a concurring opinion. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Summer 2016: Lindsey Nicholson, Ayesha Hussain, Mouctar Bokoum, Courtney Jones.Future contributors, please revise the coding in the majority, concurring, and dissenting opinions.Baker v. Carr was a Supreme Court case that determined apportionment to be a judicable issue. Such doubt would have been inconsistent with the professed willingness to turn the decision on either the majority or concurring views in Wood v. Broom, supra.
Baker v. Carr Dissenting opinion of MR. JUSTICE HARLAN, whom MR. JUSTICE FRANKFURTER joins. Indeed, it is even questionable that the opinion of Mr. Justice Frankfurter, joined by Justices Reed and Burton, doubted jurisdiction of the subject matter. Failure to reapportion their district lines left residents feeling deprived of their constitutional rights. Brennan also talked down Justices Black and Douglas from their usual absolutist positions to achieve a compromise.Appellants invoke the right to vote and to have their votes counted. The state of Tennessee argued that the composition of legislative districts constituted a nonjusticiable The case did not have any immediate effect on electoral districts, but it set an important precedent regarding the power of federal courts to address redistricting. Baker v. Carr established that apportionment cases were a judicable issue due to the Equal Protection Clause of the Fourteenth Amendment. Douglas stated that if a voter’s’ rights were in any way being restricted, in that he does not have the full constitutional value of his vote, then that voter must be able to bring this to the attention of the court.Justices Frankfurter and Harlan II wrote in dissent, that it is within only the power of the states’ legislation to decide what is best suited for the people based on interests, and traditions of the people, and that the Equal Protection Clause was not designed to interfere with the structure of a states’ electoral policies. Several years earlier the Supreme Court heard Colegrove v. Green (1946), a similar case involving malapportionment.
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