I think that the argument regarding Equal Protection though is - TopicsExpress

I think that the argument regarding Equal Protection though is very persuasive. In fact, I think that the plaintiffs could argue that their rights were denied even if a Court found that the State’s method of tabulating the votes was in keeping with the Tennessee Constitution. Even if it was “proper” to count all of the votes in the Governor’s race, we are still left with a system that, if it cannot be characterized as “fundamentally unfair,” almost definitely gives more weight to some votes than to others. Even if the Tennessee Constitution says to tabulate the votes in this way, a ruling by the United States Supreme Court (like that in Reynolds, see above) would trump any state constitutional provision.

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