The U.S. Supreme Court case Lomenzo v. WMCA, Inc., in 1965 dealt with the issue of malapportionment in New York's state legislature districts. The plaintiffs, a group of voters and broadcasting company WMCA, argued that the apportionment scheme violated their Fourteenth Amendment rights to equal protection under law because it gave disproportionate representation to rural areas over urban ones. The defendants were John P. Lomenzo, Secretary of State for New York at the time, and other state officials responsible for conducting elections. In its decision, the Supreme Court ruled against Lomenzo and his co-defendants by upholding a lower court ruling that found New York's legislative districting plan unconstitutional due to population disparities among districts which resulted in unequal representation violating Equal Protection Clause of Fourteenth Amendment.

In the dissenting opinion for Lomenzo v. WMCA, Inc., Justice Harlan argued that the court should not have intervened in this case as it was essentially a political issue and thus outside of its jurisdiction. He believed that issues related to legislative apportionment were best left to state legislatures and Congress, rather than being decided by federal courts. Furthermore, he expressed concern about the potential implications of such judicial intervention on democratic processes and institutions. In his view, intervening in these matters could undermine public confidence in these institutions and disrupt delicate balances within our system of government. Therefore, he disagreed with the majority's decision to strike down New York's apportionment scheme as unconstitutional.