Legal Opinion · Dissent

In re Orans

Appellate Division of the Supreme Court of the State of New York

Decided December 9, 1965Published

1Dissent

Breitel, J. P. (dissenting).

The order granting the motion to intervene and purporting indirectly to hold the State Legis*226lature in terrorem unless it propound a valid reapportionment plan by February 1, 1966 should be reversed and the motion denied. The order constitutes an extraordinary and premature reach of power over the two other co-ordinate branches of government, the Legislative and the Executive, a distortion of a procedural remedy, and an unnecessary impulse toward a constitutional conflict and a potential confrontation of power among co-ordinate elements of State government.

Special…

2Cases cited17 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Reynolds v. SimsSupreme Court of the United States · 1964
  3. Maryland Committee for Fair Representation v. TawesSupreme Court of the United States · 1964
  4. WMCA, Inc. v. LomenzoSupreme Court of the United States · 1964
  5. Scott v. GermanoSupreme Court of the United States · 1965

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