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NEW YORK CITY BD. OF ESTIMATE v. MORRIS

No. 87-1022.

489 U.S. 688 (1989)

BOARD OF ESTIMATE OF CITY OF NEW YORK ET AL. v. MORRIS ET AL.

Supreme Court of United States.

Decided March 22, 1989

Attorney(s) appearing for the Case

Peter L. Zimroth argued the cause for appellants in both cases. With him on the briefs for appellants in No. 87-1022 were Leonard J. Koerner, Jeffrey D. Friedlander, Stephen J. McGrath, and Fay Leoussis. Philip G. Minardo filed briefs for appellant in No. 87-1112.

Richard D. Emery argued the cause for appellees in both cases. With him on the brief were Paul W. Kahn, Arthur N. Eisenberg, John A. Powell, and Steven R. Shapiro.†

Briefs of amici curiae urging affirmance were filed for the Citizens Union of the city of New York by John V. Lindsay, Donald J. Cohn, and Alan Rothstein; and for Peter F. Vallone et al. by Mr. Vallone, pro se, and Susan Belgard.

John F. Banzhaf III, pro se, filed a brief as amicus curiae.

JUSTICE WHITE delivered the opinion of the Court.

The Board of Estimate of the City of New York consists of three members elected citywide, plus the elected presidents of each of the city's five boroughs. Because the boroughs have widely disparate populations — yet each has equal representation on the board — the Court of Appeals for the Second Circuit held that this structure is inconsistent with the Equal Protection Clause of the Fourteenth Amendment...

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