Consider Justice Frankfurter's dissent (which Justice Harlan joined) in Baker v. Carr (1962) and Justice Harlan's dissent in Reynolds v. Sims (1964). (Frankfurter retired before Reynolds was decided.) Suppose Harlan and Frankfurter had each been on the Court in 2004 when Vieth v. Jubelirer was decided, and assume that both justices still adhered to the perspective they had expressed in those cases from the 1960s. Would Harlan and Frankfurter have been more likely to join Justice Scalia's plurality opinion in Vieth v. Jubelirer or Justice Souter's dissent? Why? Explain.
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