This morning, I have been reviewing how the courts became involved in settling state legislature apportioning (Baker v. Carr) and trying to understand the irony of Justice Frankfurter‘s dissent with the Court’s ruling that the issue was justiciable by the Supreme Court. He said that “The federal judiciary has no power to sit in judgment upon a determination of a state court… Something that thus goes to the very structure of our federal system in its distribution of power between the United States and the state is not a mere bit of red tape to be cut, on the assumption that this Court has general discretion to see justice done…”. (Eisler, Kim Isaac (1993), A Justice for All: William J. Brennan, Jr., and the decisions that transformed America).

Is it ironic that this man who helped start the ACLU was one of the strongest proponents for judicial restraint in the Warren Court?

Because of Supreme Court’s decision to hear the Baker case, the courts now have the power to determine state legislature apportioning. Minnesota may begin reshaping its districts, according to a recent Star Tribune article. It will be interesting to see how this plays out…