[analphilosopher] Keith Burgess-Jackson: From Today's *New York Times*

[analphilosopher at lists.powerblogs.com]

Posted by Keith Burgess-Jackson:
>From Today's *New York Times*
http://www.analphilosopher.com/posts/1136692563.shtml


   To the Editor:

   In "Question for Alito: What About One Person One Vote?" (Editorial
   Observer, Jan. 3), Adam Cohen depicts questioning the
   one-person-one-vote principle as "a radical position," and suggests
   that perhaps Judge Samuel A. Alito Jr. is "an elitist" and
   "antidemocratic."

   And yet Justices Felix Frankfurter and John Marshall Harlan--no
   "radicals"--both expressed deep misgivings about the Warren Court's
   mid-1960's apportionment decisions. The Constitution said nothing
   about mathematically equal districts. And the Warren Court, they
   argued, was actually making the country less democratic by intruding
   on the powers of elected legislatures and stripping the definition of
   representative government down to population equality, neglecting the
   importance of group interests, defined by geography, community, social
   class, race and ethnicity.

   Nevertheless, one person one vote is now settled law, as Judge Alito
   has said. Mr. Cohen argues that a Justice Alito might be able to
   "forge a conservative Supreme Court majority to overturn the
   reapportionment cases." The notion that either he or any other members
   of the Court would now move to undo the reapportionment revolution is
   fanciful--and irresponsible.

   Abigail Thernstrom
   Lexington, Mass., Jan. 6, 2006
   The writer is vice chairwoman of the United States Commission on Civil
   Rights.