The decision of Baker v. Carr was one of the most wrenching in the Court's history. The case had to be put over for reargument because in conference no clear majority emerged for either side of the case. Associate Justice Charles Evans Whittaker was so torn over the case that he eventually had to recuse himself for health reasons. The arduous decisional process in Baker is often blamed for Whittaker's subsequent health problems, which forced him to retire from the Court in 1962.
The opinion was finally handed down in March 1962, nearly a year after it was initially argued. The Court split 6 to 2 in ruling that Baker's case was justiciable, producing, in addition to the opinion of the Court by Justice William J. Brennan, three concurring opinions and two dissenting opinions. Brennan reformulated the political question doctrine, identifying six factors to help in determining which questions were "political" in nature.
