STEWART, J., Statement

SUPREME COURT OF THE UNITED STATES

376 U.S. 1

Wesberry v. Sanders

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA

MR. JUSTICE STEWART.

I think it is established that "this Court has power to afford relief in a case of this type as against the objection that the issues are not justiciable," ^[*] and I cannot subscribe to any possible implication to the contrary which [p51] may lurk in MR. JUSTICE HARLAN's dissenting opinion. With this single qualification, I join the dissent because I think MR. JUSTICE HARLAN has unanswerably demonstrated that Art. I, § 2, of the Constitution gives no mandate to this Court or to any court to ordain that congressional districts within each State must be equal in population.

* The quotation is from Mr. Justice Rutledge's concurring opinion in Colegrove v. Green, 328 U.S. at 565.