Supreme Court of New Jersey

Anne M. McNeil, Thomas E. Williams, Roseanna Siebert, Paul Digaetano and Kevin O'toole, Plaintiffs-Respondents, v…

July 31, 2003177 N.J. 364

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the trial court’s dismissal, holding that Article IV, Section 2, Paragraph 3 of the New Jersey Constitution, which limits the division of Newark and Jersey City to two legislative districts, cannot be enforced because it conflicts with the Supremacy Clause and the federal Voting Rights Act. The Court relied on prior precedent and the principle that federal law preempts state constitutional provisions that would impede compliance with the one‑person‑one‑vote doctrine and VRA requirements. Separate dissenting opinions argue that the constitutional provision remains enforceable and that the case should be remanded for further factual development.