under Section 2012, the disqualification from voting in school elections applied not only to "young adults living with their parents," such as Kramer, but also to "older persons residing with their children, to boarders or lodgers, and to clergy, military and others living on tax exempt property." The Supreme Court noted probable jurisdiction of Kramer's appeal. Oral argument was held on January 30, 1969. Osmond K. Fraenkel, long-time counsel for the American Civil Liberties Union, argued the case for petitioner Kramer. John P. Jehu, Associate Counsel of the New York State Education Department, argued for the school district. Representation Osmond K. Fraenkel argued the cause for appellant, with Melvin L. Wulf and Murray A. Miller John P. Jehu argued the cause and filed briefs for appellees; Louis J. Lefkowitz (Attorney General) pro se, Samuel A. Hirshowitz (First Assistant Attorney General), Daniel M. Cohen (Assistant Attorney General), filed a brief for appellee the Attorney General of New York Supreme Court decision The Supreme Court reversed the District Court and held that by depriving Kramer and other would-be school election voters of the right to vote based on their lack of property ownership or parenthood, New York had violated the Equal Protection Clause. The Court's decision was authored by Chief Justice Earl Warren and joined by Associate Justices William O. Douglas, William J. Brennan, Byron White, and Thurgood Marshall. Kramer was one of Chief Justice Warren's last opinions for the Court, handed down on June 16, 1969; Warren retired as Chief Justice one week later, following the conclusion of the Supreme Court's 1968 Term and the confirmation of his successor, Warren E. Burger. The vote in the case was 5 to 3, as no replacement for Justice Abe Fortas, who had resigned the previous month, had yet been confirmed. Chief Justice Warren's opinion began by observing that under then-recent Equal Protection Clause caselaw, alleged infringements of the right to vote must survive careful judicial scrutiny, because "any unjustified discrimination in determining who may participate in political affairs or in the selection of public officials undermines the legitimacy of representative government." Therefore, to be upheld, a statute restricting the right to vote must survive "strict scrutiny" by being necessary to serve a "compelling state interest"; the mere "rationality" of the statute is not sufficient. Justice Warren also concluded that neither the fact that New York could have chosen to appoint rather than elect