Wolpoff v. Cuomo

The issue here is, quite simply, the degree to which our State constitutional antigerrymandering provisions still have vitality in light of the evolving body of Federal law that both demands proportional representation (see, e.g., Mahan v Howell, 410 US 315; Reynolds v Sims, 377 US 533) and prohibits State apportionment plans that dilute minority voting strength (42 USC § 1973 [a], [b]; see, Thorn-burg v Gingles, 478 US 30). The majority has held that in this case the former must give way to the values reflected by the latter. Since I conclude that it is possible under these facts to…