In the case of Keith Lance et al. v. Gigi Dennis, Colorado Secretary of State (2005), the U.S Supreme Court was asked to determine whether a state law that allowed non-residents to vote on local tax increases violated the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs argued that their rights were being infringed upon as they had no say in these decisions despite having to pay increased taxes. However, the court ruled against them stating that there was no violation because non-resident property owners did not have a fundamental right to vote on local issues and therefore could be excluded from such votes without violating equal protection principles.

The dissenting opinion in the case of Keith Lance et al. v. Gigi Dennis, Colorado Secretary of State, argued that the Supreme Court should have taken up this case to provide clarity on an important issue related to redistricting and voting rights. The justices who dissented believed that the lower court's decision was incorrect because it allowed for a state constitutional amendment which effectively changed federal congressional districts outside of a decennial census period - something they saw as violating Article I Section 2 Clause 3 and Amendment XIV Section 2 of the U.S Constitution (the Census Clause). They contended that these sections only allow for such changes following a national census every ten years. By not hearing this case, they felt that the Supreme Court missed an opportunity to clarify whether states can change their apportionment plans at any time or if they are bound by federal law to do so only after each census.