gaffney cummings argued decided june connecticut legislative apportionment plan held district unconstitutional partisan political structuring resulted excessive population deviations house districting held minor deviations mathematical equality among state legislative districts make prima facie case invidious discrimination equal protection clause fourteenth amendment case house districts deviated average maximum deviation prima facie case made pp political fairness principle achieves rough approximation statewide political strengths two major parties violate equal protection clause pp white delivered opinion burger stewart blackmun powell rehnquist joined brennan filed dissenting opinion douglas marshall joined post robert dixon argued cause appellant briefs harry hultgren francis mccarthy gordon hatheway robert satter argued cause appellees brief james wade justice white delivered opinion questions case whether population variations among election districts provided reapportionment plan connecticut general assembly proposed made prima facie case invidious discrimination equal protection clause whether otherwise acceptable reapportionment plan constitutionally vulnerable purpose provide districts achieve political fairness political parties reapportionment plan connecticut general assembly became law published connecticut secretary state december state constitution legislature given initial opportunity reapportion months immediately following completion decennial census conn art iii present case legislature unable agree plan state constitutional deadline april task therefore transferred required constitution bipartisan commission ibid democratic republican party leaders legislature appointed four commissioners commission given july devise reapportionment plan although commission approached agreement unable adopt plan within deadline accordingly final step constitutional process bipartisan board constituted speaker house representatives democrat republican minority leader house chose judge state superior board member two judges turn designated third board member justice state ibid apportionment board using census data available summer relying heavily legislative commission tentative plans filed reapportionment plan september one member dissenting according census data board population connecticut board reapportionment plan provides senate consisting senators elected districts ideal senatorial district terms population thus contain people districts actually created deviate average ideal median deviation largest smallest senatorial districts deviate respectively making total maximum deviation reapportionment plan proposed house districts population ideal assembly district average deviation perfect equality plan assembly districts median deviation maximum deviation ideal maximum deviation two districts thus totals connecticut towns rather counties basic unit local government see butterworth dempsey supp aff state constitution provides town shall divided purpose creating house districts except districts formed wholly within town art iii comparable directive exists creation senate districts constitution provides however establishment districts shall consistent federal constitutional standards meet standards reach thought substantial population equality board cut boundary lines state towns board also consciously overtly adopted followed policy political fairness aimed rough scheme proportional representation two major political parties senate house districts structured composition houses reflect closely possible actual statewide plurality vote house senate lines given election rather focusing party membership respective districts board took account party voting results preceding three statewide elections basis created thought proportionate number republican democratic legislative seats november long board filed reapportionment plan secretary state action brought federal district seeking declaratory injunctive relief implementation plan complaint alleged board erroneously applied one vote doctrine fourteenth amendment achieve smaller deviations population equality assembly districts required fourteenth amendment thereby compelled segment excessive number towns forming assembly districts complaint alleged plan amounted political gerrymander contained bias favor republican party appellant gaffney chairman state republican party permitted intervene support board plan empaneled heard testimony march hearing introduced three alternative house apportionment plans required fewer cuts although three plans involved total deviations population equality excess contained board plan fourth plan house submitted total maximum deviation population equality among districts compared board plan contained total maximum deviation alternative plan however prepared without regard town lines cut substantially times board plan considerable evidence introduced demonstrating obvious political considerations board district making late march district filed decision invalidating board plan permanently enjoining use future elections supp held deviations equality populations senate house districts justified sufficient state interest plan denies equal protection law voters districts greater population relied part kirkpatrick preisler particularly found policy partisan political structuring approved legitimate reason violating requirement numerical equality population districting therefore required plan reflecting closer adherence constitutional guidelines adopted jurisdiction case retained purposes announced appoint master devise plan conforming federal state constitutional requirements june motion expedite consideration appeal denied granted appellant motion stay district judgment basis stay subsequent supportive state order fall elections state assembly held board reapportionment plan convened october noted probable jurisdiction appeal time special master appointed district prepared reapportionment plan ii think appellees showing numerical deviations population equality among senate house districts case failed make prima facie violation equal protection clause fourteenth amendment whether deviations considered alone combination additional fact another plan conceived lower deviations among state legislative districts put another way allegations proof population deviations among districts fail size quality amount invidious discrimination fourteenth amendment entitle appellees relief absent countervailing showing state requirement art constitution representatives chosen people several mandates one man vote congressional election worth much another wesberry sanders omitted standard permits limited population variances unavoidable despite goodfaith effort achieve absolute equality justification shown kirkpatrick preisler kirkpatrick wells rockefeller found inconsistent standard state statutes creating congressional districts total maximum deviations respectively standard cases prevailing rule art confirm white weiser post today purposes congressional reapportionment earlier term question arose whether standard applicable reviewing state legislative reapportionments equal protection clause fourteenth amendment mahan howell concluded fundamental differences congressional districting art wesberry line cases one hand state legislative reapportionments governed fourteenth amendment reynolds sims progeny noting dichotomy two lines cases consistently maintained concluded constitutionality virginia legislative redistricting plan judged stringent standards kirkpatrick wells make applicable congressional reapportionment instead equal protection test enunciated reynolds sims test districts state reapportionments nearly equal population practicable reynolds supra long divergences strict population standard based legitimate considerations incident effectuation rational state policy deviations principle constitutionally permissible respect apportionment seats either two houses bicameral state legislature mahan ideal district persons per delegate maximum variation ideal district overrepresented district underrepresented omitted average percentage variation plan house districts within ideal district nine exceeded variation ideal asserted justification divergencies mahan state policy maintaining integrity political subdivision lines policy found rational wholly sufficient justify district population disparities size quality found exist ruled relatively minor variations present virginia plan contrast sharply larger variations state legislative reapportionment plans struck previous decisions virginia sacrificed substantial equality justifiable deviations ibid although requiring population variations among legislative districts mahan justified substantial state considerations hold state legislative cases deviations perfect population equality districts however small make prima facie equal protection violations require contested reapportionments struck absent adequate state justification held prior state reapportionment case swann adams kilgarlin hill required state justification population variations found state legislative reapportionments variations involved cases exceeded dealt mahan case us appellant urges population variations among senate house districts board plan demonstrate equal protection violation state required justify absent proof invidiousness appellees several reasons think point well taken district erred holding contrary noted mahan howell reynolds sims recognized state must make honest goodfaith effort construct districts nearly equal population practicable absolute equality practical impossibility mathematical exactness precision hardly workable constitutional requirement moreover reynolds also noted distinctions may well made congressional state legislative representation omewhat flexibility may therefore constitutionally permissible respect state legislative apportionment congressional districting required substantial equality population among various districts vote citizen approximately equal weight citizen state words imply stated individual right vote state legislators unconstitutionally impaired weight substantial fashion diluted compared votes citizens living parts state pronouncements worked cases become apparent larger variations substantial equality great justified state interest far suggested thus enormous variations struck early cases beginning reynolds sims well much smaller nevertheless unacceptable deviations appearing later cases swann adams kilgarlin hill whitcomb chavis hand mahan howell demonstrates population deviations among districts may sufficiently large require justification nonetheless justifiable legally sustainable time recognize context eminently reasonable approach reynolds sims minor deviations mathematical equality among state legislative districts insufficient make prima facie case invidious discrimination fourteenth amendment require justification state doubt reynolds mandate result reason basic statistical materials legislatures courts usually work results census taken intervals published soon possible beginning decade figures may accurate immense undertakings inherently less absolutely accurate know things recognize fact unless wholly ignored makes little sense conclude relatively minor census population variations among legislative districts person vote substantially diluted population legislative district knowable used refined judgments must recognized total population even absolutely accurate district counted nevertheless talismanic measure weight person vote later adopted reapportionment plan census event process measures population single instant time district populations constantly changing often different rates either direction substantial differentials population growth rates striking phenomena weight person vote matters total population even stable accurately taken may actually reflect body voters whose votes must counted weighed purposes reapportionment census persons voters proportion census population young vote disqualified alienage nonresidence varies substantially among among localities within six congressional districts connecticut example vary one another much voters first district census population voting age sixth district years older bureau census congressional district data book congress connecticut congressional districts vary one another much little respect voters figures tell us nothing ineligibles making substantially equal census populations among election districts aliens nonresident military personnel nonresident students example see burns richardson davis mann ely klahr mahan howell figures tell anything proportion otherwise eligible individuals whose vote counted weighed either failed register failed vote reynolds sims course dealt statistical niceties involved equalizing individual voting strength argued state provide votes citizens one part state given two times five times times weight votes citizens another part state hardly contended right vote residing disfavored areas effectively diluted conclude differently sanction minority control state legislative bodies appear deny majority rights way far surpasses possible denial minority rights might otherwise thought result fundamentally reynolds recognized achieving fair effective representation citizens basic aim legislative apportionment reason decision insisted substantial equality populations among districts vital worthy goal surely attainment commonsense way depend upon eliminating insignificant population variations involved case fair effective representation may destroyed gross population variations among districts apparent representation depend solely mathematical equality among district populations relevant factors taken account important interests may legitimately mindful see mahan howell supra abate mundt dusch davis sailors board education burns richardson supra unrealistic overemphasis raw population figures mere nose count districts may submerge considerations furnish ready tool ignoring factors operation important acceptable representation apportionment arrangement goal fair effective representation furthered making standards reapportionment difficult satisfy reapportionment task recurringly removed legislative hands performed federal courts must make political decisions necessary formulate plan accept made reapportionment plaintiffs may wholly different goals embodied official plan outset recognized apportionment task dealing must fundamental choices nature representation burns richardson primarily political legislative process reynolds sims doubt fourteenth amendment requires repeated displacement otherwise appropriate state decisionmaking name essentially minor deviations perfect equality one confidence say deprive person fair effective representation state legislature deterred hazards political thicket undertook adjudicate reapportionment cases mean become bogged vast intractable apportionment slough particularly little anything accomplished case represents happen federal courts official state functionaries proposed plan maximum variation among districts house senate respective average variations appellees proposed four alternate plans house three involved slightly larger variations among districts cut fewer town lines fourth cut lines maximum variation largest smallest district district thought state plan involved unacceptably large variations districts although house districts people average variation involved people largest variations involved people neither district adopt plans submitted appellees instead appointed master come still another scheme plan told involves total maximum deviation house master compelled federal constitutional matter come plan smaller variations contained appellees plans happen master plan resourceful mind hits upon plan better master fraction percentage point involvements like must end point point constantly recedes litigate need produce plan marginally better measured rigid unyielding standard point involvements never begin repeatedly recognized state reapportionment task local legislatures organs state government selected perform work invalidated equal protection clause minor population variations among districts proved proof trial demonstrated house districts state apportionment board plan varied population one another maximum average deviation ideal house district senate districts even less variations showing quite sure prima facie case invidious discrimination fourteenth amendment made iii state legislative districts may equal substantially equal population still vulnerable fourteenth amendment districting statute otherwise acceptable may invalid fences racial group deprive municipal vote gomillion lightfoot districting plan may create multimember districts perfectly acceptable equal population standards invidiously discriminatory employed minimize cancel voting strength racial political elements voting population fortson dorsey see white regester post whitcomb chavis abate mundt burns richardson must therefore respond appellees claims case even acceptable populationwise apportionment board plan invidiously discriminatory political fairness principle followed making districts house senate record abounds evidence frankly admitted prepared plan virtually every senate house district line drawn conscious intent create districting plan achieve rough approximation statewide political strengths democratic republican parties two parties state large enough elect legislators discernible geographic areas appellant insists spirit political fairness underlying plan permissible desirable consideration laying districts otherwise satisfy population standard reapportionment cases appellees hand label plan nothing less gigantic political gerrymander invidiously discriminatory fourteenth amendment quite unconvinced reapportionment plan offered board violated fourteenth amendment attempted reflect relative strength parties locating defining election districts idle think contend political consideration taken account fashioning reapportionment plan sufficient invalidate cases indicate quite contrary see white regester supra burns richardson supra whitcomb chavis supra abate mundt supra essence districting produce different politically fair result reached elections large winning party take legislative seats politics political considerations inseparable districting apportionment political profile state party registration voting records available precinct precinct ward ward subdivisions may identical census tracts overlaid census map requires special genius recognize political consequences drawing district line along one street rather another obvious absolutely unavoidable location shape districts may well determine political complexion area district lines rarely neutral phenomena well determine district predominantly democratic predominantly republican make close race likely redistricting may pit incumbents one another make difficult election experienced legislator reality districting inevitably intended substantial political consequences may suggested redistrict reapportion work census political data achieve population equality without regard political impact politically mindless approach may produce whether intended grossly gerrymandered results event unlikely political impact plan remain undiscovered time proposed adopted event results known changed intended much plausible assume redistrict reapportion work political census data within limits population equality standards equal protection clause seek compromise otherwise achieve political ends state constituents officeholders done arranging elections achieve political ends allocate political power wholly exempt judicial scrutiny fourteenth amendment indicated example multimember districts may vulnerable racial political groups fenced political process voting strength invidiously minimized see white regester supra whitcomb chavis supra see also gomillion lightfoot supra beyond ventured far attempted impossible task extirpating politics essentially political processes sovereign even plainly judicial interest lowest ebb state purports fairly allocate political power parties accordance voting strength within quite tolerable limits succeeds doubt may reapportionment plans connecticut different political consequences also constitutional perhaps appellees plans fallen category propounded one neither district courts constitutional warrant invalidate state plan otherwise within tolerable population limits undertakes minimize eliminate political strength group party recognize districting provide rough sort proportional representation legislative halls state reversed footnotes ratio largest assembly district smallest town boundaries cut resulting parties termed town segments portions town used form assembly district wholly within town board plan creates segments formation assembly districts testimony judge george saden republican board member app according james collins staff member board plan house resulted approximately safe democratic seats safe republican seats balance characterized probable swing democratic republican plain swing supp see app board senate plan challenged district alternative senate plan introduced appellees challenge senate districts ground population deviations brief appellees tr oral arg plan resulted cuts town segments opposed corresponding figures board plan offered testimony illustrating undesirability context state administrative apparatus excessive cutting town lines order entered parallel state proceeding miller schaffer super hartford county filed november directed correcting certain clerical errors omissions board plan reynolds sims involved alabama state legislature reapportioned years apportionment existing senatorial districts number representatives times people others house districts identical representation vary maryland house districts nominally equal representation six times people others senatorial districts times larger others maryland committee fair representation tawes list may easily expanded include connecticut exception connecticut towns hartford union representation house union population people hartford population vote union thus weighted times heavily vote hartford time taken connecticut population elect majority house elect senate majority see butterworth dempsey supp aff see alterman counting people census history census nature never exact count nation especially true thus error percent count total population expected professionally regarded acceptable error census bureau estimates census coverage rate people address siegel population association america annual meeting new orleans apr see times apr inexactness census data evident respect minorities estimated example negroes underenumerated census compared estimated undercount white persons ibid see also siegel completeness coverage nonwhite population census current estimates implications social statistics city heer ed see spiegelman introduction demography bureau census materials methods demography connecticut example population state whole grew population area comprising second congressional district grew population fourth district grew bureau census congressional district data book congress connecticut see burns richardson start proposition equal protection clause require use total population figures derived federal census standard substantial population equivalency measured neither reynolds sims decision suggested required include aliens transients temporary residents persons denied vote conviction crime apportionment base legislators distributed compliance equal protection clause measured decision include exclude group involves choices nature representation shown constitutionally founded reason interfere unless choice one constitution forbids carrington rash resulting apportionment base offends constitutional bar compliance rule established reynolds sims measured thereby utah rhode island new hampshire missouri variations new york variation voters among congressional districts california illinois variation figures may computed bureau census congressional district data congress respective using connecticut congressional districts example november elections percentage registered voters actually voted varied maximum see statement vote general election state pub doc percentages registered voters voted varied much among towns state discussions vast growing literature area see reapportionment polsby ed among senate districts people average deviation involves people maximum deviation people reply brief appellant apparently refined census data available master preparing later plan appellees also maintain shapes districts indecent board attempted wiggle joggle boundary lines ferret pockets party strength may well true although plan attempts follow connecticut oddly shaped town lines app bound contain irregularly shaped districts compactness attractiveness never held constitute independent federal constitutional requirement state legislative districts cf white weiser post wright rockefeller douglas dissenting