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Wesberry v . Sanders | The Oy ez Project at IIT Chicago-Kent College of Law
WESBERRY V. SANDERS
Term: 1960-1969 1963
Case Basics
Dock et No.
22
Location: Georgia General Assembly
Facts of the Case
James P. Wesberry, Jr. filed a suit against the Governor of Georgia, Carl E.
Sanders, protesting the state's apportionment scheme. The Fifth Congressional
District, of which Wesberry was a member, had a population two to three times
larger than some of the other districts in the state. Wesberry claimed this system
diluted his right to vote compared to other Georgia residents.
Petitioner
Sanders
Respondent
Wesberry
Decided By
Warren Court (1962-1965)
Question
Did Georgia's congressional districts violate the Fourteenth Amendment or deprive
citizens of the full benefit of their right to vote?
Opinion
376 U.S. 1 (1964)
Conclusion
Argued
November 18-19, 1963
Decision: 6 votes for Wesberry, 3 vote(s) against
Legal provision: Article 1, Section 2, Paragraph 1: Composition of the House of
Decided
Monday, February 17, 1964
Representatives
The Court held that Georgia's apportionment scheme grossly discriminated against
voters in the Fifth Congressional District. Because a single congressman had to
represent two to three times as many people as were represented by congressmen
in other districts, the Georgia statute contracted the value of some votes and
expanded the value of others. The Court recognized that "no right is more precious"
than that of having a voice in elections and held that "[t]o say that a vote is worth
more in one district than in another would not only run counter to our fundamental
ideas of democratic government, it would cast aside the principle of a House of
Representatives elected 'by the People. . .'"
Advocates
Frank T. Cash
(Pro hac vice, by special leave of
Court, argued the cause for the
appellants)
Emmet J. Bondurant, II
(Argued the cause for the appellants)
Bruce J. Terris
(By special leave of Court, argued the
cause for the United States, as amicus
curiae, urging reversal)
Tags
Judicial Power
Standing to Sue
Warren
Black
Douglas
Brennan
White
Goldberg
Clark
Harlan
Stew art
Cite this Page
WESBERRY v. SANDERS. The Oyez Project at IIT Chicago-Kent College of Law . 29 December 2012.
<http://w w w .oyez.org/cases/1960-1969/1963/1963_22>.
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