Avery v. Midland County
390 U.S. 474 · Decided April 1, 1968 · Supreme Court of the United States
At a glance
Avery v. Midland County was decided on April 1, 1968 by a vote of 5–3. The Court vacated the lower court's decision and remanded the case. Justice Byron R. White wrote the opinion of the Court. SCDB classifies its main issue as “Reapportionment (other than Voting Rights Act plans)” in the Civil Rights area. SCDB records that the Court declared a municipal or other local ordinance unconstitutional.
Read the opinion
Case details
- Citations
- 390 U.S. 474 · 88 S. Ct. 1114 · 20 L. Ed. 2d 45 · 1968 U.S. LEXIS 2061
- Docket number
- 39
- Decided
- April 1, 1968
- Argued
- November 14, 1967
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–3
- Majority opinion
- Byron R. White
- Opinion assigned by
- Earl Warren
- How the case arrived
- Certiorari
- Issue area
- Civil Rights
- Legal provision
- Fourteenth Amendment (equal protection)
- Type of law
- Constitutional amendment
- Held unconstitutional
- A municipal or other local ordinance
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | |
| Justice William O. Douglas | Majority | |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Dissent | Wrote an opinion |
| Justice Byron R. White | Majority | Wrote an opinion |
| Justice Abe Fortas | Dissent | Wrote an opinion |
Did not participate: Thurgood Marshall.
Full case caption
Avery v. Midland County et al.
SCDB identifiers: case 1967-091, docket 1967-091-01.
Related decisions
Other cases on “Reapportionment (other than Voting Rights Act plans)”
- Branigin v. Duddleston
- Rockefeller v. WellsLaw held unconstitutional
- Lucas v. RhodesLaw held unconstitutional
- Sailors v. Board of Education of the County of Kent
- Dusch v. Davis
- Kirkpatrick v. PreislerLaw held unconstitutional
Cases on the same legal provision: Fourteenth Amendment (equal protection)
- Levy v. Louisiana Through the Charity Hospital of Louisiana at New Orleans Board of AdministratorsLaw held unconstitutional
- Glona v. American Guarantee & Liability Insurance Co.Law held unconstitutional
- Green v. County School Board of New Kent County
- Raney v. Board of Education of the Gould School District
- Monroe v. Board of Commissioners of the City of Jackson
- Roberts v. Lavallee
Same Term, same area (Civil Rights)
- Coleman v. Alabama
- Jones v. Georgia
- Roberts v. Lavallee
- Lucas v. RhodesLaw held unconstitutional
- Eagar v. Magma Copper Co.
- Rockefeller v. WellsLaw held unconstitutional
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error