The Board of Estimate's structure is inconsistent with the Equal Protection Clause of the Fourteenth Amendment because, although the boroughs have widely disparate populations, each has equal representation on the board.
In 1981, attorney Richard Emery recruited three NYC women to file suit that the board was unconstitutional, an unpopular opinion at the time that lost in its first district court hearing. The ruling was later reversed on appeal, and the city's counter was picked up by the Supreme Court in 1988.[2]
Opinion of the Court
The court unanimously declared the New York City Board of Estimate unconstitutional on the grounds that the city's most populous borough (Brooklyn) had no greater effective representation on the board than the city's least populous borough (Staten Island), in violation of the Fourteenth Amendment'sEqual Protection Clause pursuant to the Court's 1964 "one man, one vote" decision (Reynolds v. Sims).[3] The Board was disestablished.
The case was argued on December 7, 1988, and decided on March 22, 1989. Justice Byron White delivered the Court's opinion.
Rosati, A. D. (1990). "One Person, One Vote: Is it Time for a New Constitutional Principle?". New York Law School Journal of Human Rights. 8: 523. ISSN1046-4328.