Document Type
Article
Publication Date
2002
Abstract
Having been invited late to this Symposium and having read fewer than all essays, I offer, (with deep appreciation for the invitation), only mini-comments on three of the many valuable contributions: the essays by Professors Persily, Hasen, and Gerken. But first, at risk of pedantry, may I suggest changing the Symposium's title to something like "Baker and its Progeny .... (or "Baker, doughnuts, and holes"?). Most of the treatment seems to be about the progeny, as surely it should be. While of course everyone knows how far Baker went, what Reynolds did, and what was not done until after Reynolds, much of the treatment unduly merges reapportionment with districting, and "rigidity" with one person, one vote. The development from Baker to Reynolds and after is a rich example of what happens when courts grapple with the political process, and we ought not blur the steps of that development.
Publication Citation
80 N.C. L. Rev. 1505-1516 (2002)
Scholarly Commons Citation
Schotland, Roy A., "The Limits of Being "Present at the Creation"" (2002). Georgetown Law Faculty Publications and Other Works. 202.
https://scholarship.law.georgetown.edu/facpub/202