Asbury Park Press, Inc., Plaintiffs-Appellants v. J. Russell Woolley, County Clerk of the County of…

Summary

The Supreme Court of New Jersey held that it has jurisdiction to adjudicate the constitutionality of the 1941 apportionment act and therefore reversed the trial court's dismissal. The Court declined to declare the act unconstitutional or grant injunctive relief at this time, opting to retain jurisdiction and await the 1960 census data before addressing the merits. The opinion notes that the Legislature must reapportion after each census and that the Court may intervene if the Legislature fails to act. Justice Proctor, concurring, agreed with the majority and outlined the remedial steps he would take if the Legislature does not act before the 1961 primary election.