CONSTITUTIONAL LAW-EQUAL PROTECTION CLAUSE-COUNTY UNIT VOTE

Authors

Charles Myneder S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiffs brought an action against defendants, Chairman of the Georgia State Democratic Executive Committee and others, to restrain adherence to a state statute providing that the County Unit Vote shall determine the outcome of a primary election. Under the statute each county is alloted a number of unit votes. The candidate receiving the highest popular vote in the county is awarded the unit votes of that county. Plaintiffs, residents of the most populous county in the state, alleged that their votes had on an average but one-tenth the weight of those in the other counties in the state. From a judgment of the district court dismissing the petition, the plaintiffs appealed to the United States Supreme Court. In a per curiam opinion, held, affirmed, Justices Douglas and Black dissenting. Federal courts refuse to exercise their equity powers in cases posing political issues arising from a state's geographical distribution of electoral strength among its political subdivisions. South v. Peters, 339 U.S. 276, 70 S.Ct. 641 (1950).

Recommended Citation

Charles Myneder S.Ed., CONSTITUTIONAL LAW-EQUAL PROTECTION CLAUSE-COUNTY UNIT VOTE, 49 Mich. L. Rev. 271 (1950).
Available at: https://repository.law.umich.edu/mlr/vol49/iss2/10