In Fortson v. Morris, the U.S. Supreme Court dealt with a challenge to Georgia's system of electing its governor and other statewide officials. The plaintiffs argued that this system violated the Equal Protection Clause of the Fourteenth Amendment because it allowed for a candidate who did not receive a majority of votes to be elected by state legislature if no candidate received an absolute majority in the general election. The court ruled in favor of Fortson, upholding Georgia’s electoral process as constitutional on grounds that there was no discrimination or unequal treatment among voters under this system since all citizens had equal opportunity to vote and influence their legislators' choice should they need to decide on gubernatorial candidates due to lack of absolute majority.

In the dissenting opinion for Fortson v. Morris, Justice William O. Douglas argued that Georgia's county unit system was unconstitutional because it violated the principle of "one person, one vote." He believed that this system gave disproportionate voting power to rural counties over urban ones and thus diluted the votes of individuals living in more populated areas. This, he contended, amounted to a violation of equal protection under the Fourteenth Amendment as it created an imbalance in representation based on geographical location rather than population size. Furthermore, he disagreed with his colleagues' view that federal courts should abstain from intervening in state electoral processes unless there is clear evidence of constitutional violations; instead asserting they had a duty to ensure fair and equitable elections at all levels.