John Marshall Harlan II

John Marshall Harlan II

Summary

Portrait of John Marshall Harlan II John Marshall Harlan II Avery v. Midland County — Dissent

Under today's decision, the only apparent alternative is to classify the governmental unit as other than 'general' in power and responsibility, thereby, presumably, avoiding application of the Reynolds rule. Neither outcome satisfies Reynolds' avowed purpose: to assure 'equality' to all voters. The result also deprives localities of the desirable option of establishing slightly specialized, elective units of government, such as Texas' county commissioners court, and varying the size of the constituencies so as rationally to favor those whom the government affects most.
Source: Wikisource

Portrait of John Marshall Harlan II John Marshall Harlan II Avery v. Midland County — Dissent

The commissioners court, as found by the Texas Supreme Court, performs more functions in the area of the county outside Midland City than it does within the city limits. Therefore, each rural resident has a greater interest in its activities than each city dweller. Yet under the majority's formula the urban residents are to have a dominant voice in the county government, precisely proportional to their numbers, and little or no allowance may be made for the greater stake of the rural inhabitants in the county government.
Source: Wikisource

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