376 U.S. 1 (1964), 22, Wesberry v. Sanders

Docket Nº:No. 22
Citation:376 U.S. 1, 84 S.Ct. 526, 11 L.Ed.2d 481
Party Name:Wesberry v. Sanders
Case Date:February 17, 1964
Court:United States Supreme Court

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376 U.S. 1 (1964)

84 S.Ct. 526, 11 L.Ed.2d 481




No. 22

United States Supreme Court

Feb. 17, 1964

Argued November 18-19, 1963




Appellants are qualified voters in Georgia's Fifth Congressional District, the population of which is two to three times greater than that of some other congressional districts in the State. Since there is only one Congressman for each district, appellants claimed debasement of their right to vote resulting from the 1931 Georgia apportionment statute and failure of the legislature to realign that State's congressional districts more nearly to equalize the population of each. They brought this class action under 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 1343(3), asking that the apportionment statute be declared invalid and that appellees, the Governor and Secretary of State, be enjoined from conducting elections under it. A three-judge District Court, though recognizing the gross population imbalance of the Fifth District in relation to the other districts, dismissed the complaint for "want of equity."


1. As in Baker v. Carr, 369 U.S. 186, which involved alleged malapportionment of seats in a state legislature, the District Court had jurisdiction of the subject matter; appellants had standing to sue, and they had stated a justiciable cause of action on which relief could be granted. Pp. 5-6.

2. A complaint alleging debasement of the right to vote as a result of a state congressional apportionment law is not subject to

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dismissal for "want of equity" as raising a wholly "political" question. Pp. 6-7.

3. The constitutional requirement in Art. I, § 2,that Representatives be chosen "by the People of the several States" means that, as nearly as is practicable, one person's vote in a congressional election is to be worth as much as another's. Pp. 7-8, 18.

206 F.Supp. 276, reversed and remanded.

BLACK, J., lead opinion

MR. JUSTICE BLACK delivered the opinion of the Court.

Appellants are citizens and qualified voters of Fulton County, Georgia, and as such are entitled to vote in congressional elections in Georgia's Fifth Congressional District. That district, one of ten created by a 1931 Georgia statute,1 includes Fulton, DeKalb, and Rockdale Counties, and has a population, according to the 1960 census, of 823,680. The average population of the ten districts is 394,312, less than half that of the Fifth. One district, the Ninth, has only 272,154 people, less than one-third as many as the Fifth. Since there is only one Congressman for each district, this inequality of population means that the Fifth District's Congressman has to represent from two to three times as many people as do Congressmen from some of the other Georgia districts.

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Claiming that these population disparities deprived them and voters similarly situated of a right under the Federal Constitution to have their votes for Congressmen given the same weight as the votes of other Georgians, the appellants brought this action under 42 U.S.C. §§ 1983 and 1988 and 28 U.S.C. § 1343(3), asking that the Georgia statute be declared invalid and that the appellees, the Governor and Secretary of State of Georgia, be enjoined from conducting elections under it. The complaint alleged that appellants were deprived of the full benefit of their right to vote, in violation of (1) Art. I, § 2, of the Constitution of the United States, which provides that "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States . . . "; (2) the Due Process, Equal Protection, and Privileges and Immunities Clauses of the Fourteenth Amendment, and (3) that part of Section 2 of the Fourteenth Amendment which provides that "Representatives shall be apportioned among the several States according to their respective numbers. . . ."

The case was heard by a three-judge District Court, which found unanimously, from facts not disputed, that:

It is clear by any standard . . . that the population of the Fifth District [84 S.Ct. 528] is grossly out of balance with that of the other nine congressional districts of Georgia, and, in fact, so much so that the removal of DeKalb and Rockdale Counties from the District, leaving only Fulton with a population of 556,326, would leave it exceeding the average by slightly more than forty percent.2

Notwithstanding these findings, a majority of the court dismissed the complaint, citing as their guide Mr. Justice Frankfurter's minority opinion in Colegrove v. Green, 328 U.S. 549, an opinion stating that challenges to apportionment

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of congressional districts raised only "political" questions, which were not justiciable. Although the majority below said that the dismissal here was based on "want of equity," and not on nonjusticiability, they relied on no circumstances which were peculiar to the present case; instead, they adopted the language and reasoning of Mr Justice Frankfurter's Colegrove opinion in concluding that the appellants had presented a wholly "political" question.3 Judge Tuttle, disagreeing with the court's reliance on that opinion, dissented from the dismissal, though he would have denied an injunction at that time in order to give the Georgia Legislature ample opportunity to correct the "abuses" in the apportionment. He relied on Baker v. Carr, 369 U.S. 186, which, after full discussion of Colegrove and all the opinions in it, held that allegations of disparities of population in state legislative districts raise justiciable claims on which courts may grant relief. We noted probable jurisdiction. 374 U.S. 802. We agree with Judge Tuttle that, in debasing the weight of appellants' votes, the State has abridged the right to vote for members of Congress guaranteed them by the United States Constitution, that the District Court should have entered a declaratory judgment to that effect, and that it was therefore error to dismiss this suit. The question of what relief should be given we leave for further consideration and decision by the District Court in light of existing circumstances.

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Baker v. Carr, supra, considered a challenge to a 1901 Tennessee statute providing for apportionment of State Representatives and Senators under the State's constitution, which called for apportionment among counties or districts "according to the number of qualified voters in each." The complaint there charged that the State's constitutional command to apportion on the basis of the number of qualified voters had not been followed in the 1901 statute, and that the districts were so discriminatorily disparate in number of qualified voters that the plaintiffs and persons similarly situated were, "by virtue of the debasement of their votes," denied the equal protection of the laws guaranteed them by the Fourteenth Amendment.4 The cause there of the alleged "debasement" of votes for state legislators -- districts containing widely varying numbers of people -- was precisely that which was alleged to debase votes for Congressmen [84 S.Ct. 529] in Colegrove v. Green, supra, and in the present case. The Court in Baker pointed out that the opinion of Mr. Justice Frankfurter in Colegrove, upon the reasoning of which the majority below leaned heavily in dismissing "for want of equity," was approved by only three of the seven Justices sitting.5 After full consideration of Colegrove, the Court in Baker held (1) that the District Court had jurisdiction of the subject matter; (2) that the qualified Tennessee voters there had standing to sue; and

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(3) that the plaintiffs had stated a justiciable cause of action on which relief could be granted.

The reasons which led to these conclusions in Baker are equally persuasive here. Indeed, as one of the grounds there relied on to support our holding that state apportionment controversies are justiciable, we said:

. . . Smiley v. Holm, 285 U.S. 355, Koenig v. Flynn, 285 U.S. 375, and Carroll v. Becker, 285 U.S. 380, concerned the choice of Representatives in the Federal Congress. Smiley, Koenig, and Carroll settled the issue in favor of justiciability of questions of congressional redistricting. The Court followed these precedents in Colegrove, although over the dissent of three of the seven Justices who participated in that decision.6

This statement in Baker, which referred to our past decisions holding congressional apportionment cases to be justiciable, we believe was wholly correct, and we adhere to it. Mr. Justice Frankfurter's Colegrove opinion contended that Art. I, § 4, of the Constitution7 had given Congress "exclusive authority" to protect the right of citizens to vote for Congressmen,8 but we made it clear in Baker that nothing in the language of that article gives support to a construction that would immunize state congressional apportionment laws which debase a citizen's right to vote from the power of courts to protect the constitutional rights of individuals from legislative destruction, a power recognized at least since our decision in Marbury v. Madison, 1 Cranch 137, in 1803. Cf. Gibbons

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v. Ogden, 9 Wheat. 1. The right to vote is too important in our free society to be stripped of judicial protection by such an interpretation of Article I. This dismissal can no more be justified on the ground of "want of equity" than on the ground of "nonjusticiability." We therefore hold that the District Court erred in dismissing the complaint.


This brings us to the merits. We agree with the District Court that the 1931 Georgia apportionment grossly discriminates against voters in the Fifth Congressional District. A single Congressman represents from two to...

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