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 review the constitutionality of the 1941 apportionment act but, because eight years have passed since the 1950 census and the 1961 election is imminent, it declined to declare the act invalid or grant injunctive relief at this time, retaining jurisdiction for future action. The Court noted that the legislature must reapportion after each census and that failure to do so may violate equal protection. Justice Proctor, concurring, agreed with the majority's view on the constitutional violation but argued that the court should be prepared to issue an injunction if the legislature does not act before the 1961 primary. (Concurrence by Proctor, J.)