Avery v. Midland County 390 U.S. 474 (1968)

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AVERY v. MIDLAND COUNTY 390 U.S. 474 (1968)

In this case, the Supreme Court held that the one person, one vote rule required equal districts in a Texas county commissioners' court election. The decision, in effect, extended the rule's sway from the fifty states to such of the 81,304 units of government as possessed "general responsibility and power for local affairs." Justices john m. harlan, abe fortas, and potter stewart dissented, arguing that the Court had overreached its appellate jurisdiction; that a rigidly uniform one person, one vote rule ignored the special needs functions of most local governments; and that it would discourage joint activity by metropolitan units, thereby undermining the practical benefits of state-level reapportionment.

Ward E. Y. Elliott