Legal Opinion · Dissent

Hyden v. Baker

District Court, M.D. Tennessee

Decided February 13, 1968No. Civ. 4674, 4697Published

1DissentPhillips, Circuit Judge

I find no invidious discrimination in a statute which permits the voters of each incorporated town in a county to elect a member of the county governing body, which in Tennessee is the Quarterly County Court. Nor do I see any invidious discrimination in Article 6, § 15 of the Constitution of Tennessee which provides that: “The Legislature shall have power to provide for the appointment of an additional number of Justices of the Peace in incorporated towns.”

In the absence of invidious discrimination there is no violation of the Equal Protection Clause of the Fourteenth Amendment. Dusch v.…

2Cases cited16 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Reynolds v. SimsSupreme Court of the United States · 1964
  3. Gomillion v. LightfootSupreme Court of the United States · 1960
  4. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  5. City of Trenton v. New JerseySupreme Court of the United States · 1923

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