“A Major Test of Equal Representation for All”

David Gans:

The “voters only”  claim in Evenwel should be rejected.  How could it possibly be unconstitutional for state and local governments to apportion representatives based on “the theory of the Constitution”?  When Evenwel is heard next Term, the Justices should recognize that states have the authority to ensure equal representation for all persons by drawing state legislative lines on the basis of total population.


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