The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore

By Richard L. Hasen | Go to book overview

Notes

NOTES TO THE INTRODUCTION

1. 512 U.S. 874, 913 (1994).

2. Reynolds v. Sims, 377 U.S. 533 (1964) (mandating reapportionment on state level); Avery v. Midland County, 390 U.S. 474 (1968) (mandating reapportionment of local body); but see Salyer Land Co. v. Tulare Lake Basin Water Storage Dist., 410 U.S. 719 (1973) (carving out exception to one person, one vote rule for special purpose government districts). See Elrod v. Burns, 427 U.S. 347 (1976) (banning patronage firing); Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990) (banning patronage hiring, transfers, and promotions); Buckley v. Valeo, 424 U.S. 1 (1976) (rejecting political equality as a compelling interest justifying campaign spending limits); Shaw v. Reno, 509 U.S. 630 (1993) (creating cause of action for an “unconstitutional racial gerrymander”); Bush v. Gore, 531 U.S. 98 (2000) (striking down recount rules created by the Florida Supreme Court in the 2000 presidential recount controversy).

3. Appendix 1 lists in chronological order the cases I categorized for figure I-1, Twentieth-Century Election Law Cases Decided by the Supreme Court in a Written Opinion.

4. 369 U.S. 186 (1962).

5. 446 U.S. 55 (1980).

6. 478 U.S. 30 (1986).

7. Robert J. Pushaw, Jr., Bush v. Gore: Looking at Baker v. Carr in a Conservative Mirror, 18 Const. Comment. 359 (2001).

8. Baker, 369 U.S. at 253 (Clark, J., concurring); see also id. at 259 (noting that the Tennessee Supreme Court held it could give no remedy for malapportionment).

9. See Robert G. Dixon, Jr., Democratic Representation: Reapportionment in Law and Politics 592 (1968).

10. John Hart Ely, Democracy and Distrust 117 (1980).

11. The part that has been criticized much more severely is Ely's argument for more searching judicial review of laws discriminating on the basis of race or other minority status. See Daniel R. Ortiz, Pursuing a Perfect Politics: The Allure and Failure of Process Theory, 77 Va. L. Rev. 721, 728–30 (1991).

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