Egan v. Hammond

I dissent from so much of the court’s order as overrules petitioners’ objection to inclusion, under the court’s interim reapportionment plan, of all military personnel who were enumerated in the 1970 Census for the purpose of determining the population size and shape of particular districts.

I agree with the majority that it is impermissible to discriminate against a class of individuals because of the nature of their employment without more being shown, Davis v. Mann, 377 U.S. 678, 691, 84 S.Ct. 1441, 12 L.Ed.2d 609, 617 (1964), just as 1 it is unconstitutional to deprive members of a class…