connor finch argued february decided may together finch governor mississippi et al connor et al finch governor mississippi et al connor et al finch governor mississippi et also appeal federal district legislative reapportionment plan mississippi senate house representatives held embody equitable discretion necessary effectuate standards equal protection clause fourteenth amendment plan failed meet clause elemental requirement legislative districts nearly equal population practicable reynolds sims pp held stricter standards state legislature devising legislative reapportionment plan unless persuasive justifications reapportionment plan state legislature must avoid use multimember districts well must ordinarily achieve goal population equality little de minimis variation chapman meier district plan departed population equality norm deference mississippi historic respect integrity county boundaries conjunction legislative districts resulting maximum population deviations senate districts house districts characterized de minimis pp plan deviation approximate population equality must supported enunciation historically significant state policy unique features chapman meier supra district failed identify unique features mississippi political structure permit judicial protection county boundaries teeth judicial duty achieve goal population equality little de minimis variation pp reversed remanded stewart delivered opinion brennan white marshall stevens joined parts ii burger blackmun joined blackmun filed opinion concurring part concurring judgment burger joined post powell filed dissenting opinion post rehnquist took part consideration decision cases frank parker argued cause appellants nos appellees briefs robert murphy elizabeth rindskopf william caldwell summer attorney general mississippi jerris leonard argued cause appellees nos appellants briefs giles bryant special assistant attorney general william allain deputy solicitor general wallace argued cause briefs acting solicitor general friedman assistant attorney general pottinger howard shapiro brian landsberg john hoyle jessica dunsay silver justice stewart delivered opinion question litigation concerns constitutional validity legislative reapportionment plan devised federal district mississippi senate house representatives nos appellants mississippi voters originally brought class action district challenge entire senate plan aspects house plan failing meet basic requirements equal protection clause fourteenth amendment particularly constitutional equitable requirements reapportionment plan appellant government intervenor district appellants join asserting district plan works impermissible dilution negro voting strength challenge well district decree failure order special elections legislative districts new significantly stronger negro voting majorities created district plan appellants state officers named defendants district appellants assert district accorded greater deference mississippi historic policy respecting county boundaries thus established multimember legislative districts assert erred ordering special elections reach complicated issues raised various appellants concluded senate house reapportionments ordered district fail meet elemental requirement equal protection clause area legislative districts nearly equal population practicable reynolds sims chapman meier effort reapportion mississippi legislature accordance constitutional requirements occupied attention federal courts years painfully protracted process litigation began wake reynolds sims supra appellants challenged district southern district mississippi extreme population variances legislative apportionment enacted state legislature district invalidated plan connor johnson supp waiting ultimately unsuccessful attempt legislature enact constitutional reapportionment district promulgated plan quadrennial elections relying rather extensively multimember districting legislative houses achieve substantial population equality connor johnson supp state legislature enacted another apportionment legislation held unconstitutional district find justification continuing substantial population variances among various legislative districts connor johnson supp consequently formulated plan govern elections continuing rely extensively multimember districts failing altogether formulate final plan respect state three largest counties hinds harrison jackson counties instead given interim multimember representation interlocutory appeal order pointed districts preferable large multimember districts reapportionment plans accordingly stayed judgment district instructed absent insurmountable difficulties devise put effect district plan hinds county connor johnson district found confronted insurmountable difficulties however divide hinds county districts election connor johnson supp direct appeal elections taken place pursuant district plan declined consider prospective validity plan continued absence final plan redistricting hinds harrison jackson counties connor williams relying district stated intention appoint special master january consider subdivision counties districts vacated judgment remanded directions district uch proceedings go forward promptly concluded special master appointed anticipation elections however mississippi legislature april enacted new apportionment hearing held plaintiffs prompt objections legislation february district reached decision however mississippi legislature enacted yet another apportionment almost identical plan permanently adopting multimember districts hinds harrison jackson counties district ordered filing new complaint addressing legislation concluded constitutional connor waller supp reversed holding legislative apportionment effective law submitted received clearance voting rights act amended district accordingly erred considering constitutional validity connor waller compliance voting rights act mississippi submitted legislation attorney general objected legislation district proceeded formulate another temporary reapportionment plan using multimember districts conduct elections district delayed consideration permanent plan elections allowed filing petition writ mandamus compel district enter final judgment embodying permanent reapportionment plan mississippi legislature connor coleman district thereupon held hearings entered judgment adopting final plan see supp supp supp noted probable jurisdiction appeals challenging judgment ii approaching task devising reapportionment plan house senate district announced certain guidelines structure analysis drawn previous cases courts mississippi policy population variances near de minimis possible districts reasonably contiguous compact negro voting strength minimized canceled every effort made maintain integrity county lines plaintiffs really challenge criteria enunciated district rather argue failed abide criteria putting together reapportionment plans defendants argue contrast district went far mississippi policy respecting county lines required continue utilization multimember districts litigation classic example proposition federal courts often going faced hard remedial problems minimizing friction remedies legitimate state policies taylor mckeithen quoting minnesota state senate beens dissenting opinion essential question whether district properly exercised equitable discretion reconciling requirements constitution goals state political policy although every state reapportionment plan fraught peculiar factual difficulties hardly said given guidance general applicability confronted need devise legislative reapportionment plan state legislature failed made clear two important respects held stricter standards accomplishing task state legislature nless persuasive justifications reapportionment plan state legislature must avoid use multimember districts well must ordinarily achieve goal population equality little de minimis variation chapman meier high standards reflect unusual position federal courts draftsmen reapportionment plans repeatedly emphasized legislative reapportionment primarily matter legislative consideration determination reynolds sims state legislature institution far best situated identify reconcile traditional state policies within constitutionally mandated framework substantial population equality federal courts contrast possess distinctive mandate compromise sometimes conflicting state apportionment policies people name wake legislature failure constitutionally reconcile conflicting state federal goals however federal left unwelcome obligation performing legislature stead lacking political authoritativeness legislature bring task circumstances task inevitably exposed sensitive one must accomplished circumspectly manner free taint arbitrariness discrimination roman sincock practice multimember districting contribute voter confusion make legislative representatives remote constituents tend submerge electoral minorities overrepresent electoral majorities concluded districts preferred legislative reapportionment plans unless articulate singular combination unique factors justifies different result mahan howell chapman meier supra east carroll parish school board marshall final plan defendants objection district present case accordingly abandoned albeit reluctantly previous adherence multimember districting defendants unallayed reliance mississippi historic policy fragmenting counties insufficient overcome strong preference districting originally announced litigation connor johnson connor williams equal protection clause requires legislative districts nearly equal population person vote may given equal weight election representatives reynolds sims supra recognition fundamental tenet motivated judicial involvement first place called political thicket legislative apportionment baker carr district plan nevertheless departs norm deference mississippi historic respect integrity county boundaries conjunction legislative districts result district recognized greater variances population percentages instances ordinarily preferred given mississippi population apportioned among senate districts population norm senate seat absolute population equality achieved computed district senate plan contains maximum deviation population equality largest variances occurring district norm district norm fourteen senate districts variances population equality plus minus four variances plus minus house plan seats population norm maximum deviation largest variances occurring district norm district norm districts vary either way districts vary either way substantial deviations population equality simply tolerated plan absence compelling justification plan deviation approximate population equality must supported enunciation historically significant state policy unique features reapportionment plan state legislature must ordinarily achieve goal population equality little de minimis variation important significant state considerations rationally mandate departure standards reapportioning responsibility articulate precisely plan districts minimal population variance adopted chapman meier omitted justification senate house plans district pointed fairly consistent state policy maintaining borders counties allotting seats legislature fact policy rationalized part lack legislative powers entrusted counties whose legislative needs must instead met reliance private bills introduced members state legislature district recognized earlier stage litigation policy breaking county boundary lines virtually impossible accomplishment state population unevenly distributed among counties senators house members elected counties enough people elect senator counties enough people elect representative connor johnson policy maintaining inviolability county lines circumstances strictly adhered must inevitably collide basic equal protection standard one person one vote indeed mississippi insistent adherence policy resulted invalidation three successive legislative apportionments constitutionally impermissible see connor johnson supp connor johnson supp connor johnson supp recognition state may properly seek protect integrity political subdivisions historical boundary lines permits minor deviations basic requirement legislative districts must nearly equal population practicable roman sincock reynolds sims supra question one degree chapman meier however established latitude plans departure reynolds standards order maintain county lines considerably narrower accorded apportionments devised state legislatures burden articulating special reasons following policy face substantial population inequalities correspondingly higher district failed identify unique features mississippi political structure permit judicial protection county boundaries teeth judicial duty achieve goal population equality little de minimis variation chapman meier supra less stringent standards governing legislatively adopted apportionments goal maintaining political subdivisions districts sufficed justify population deviation plan virginia house delegates mahan howell mahan uncontradicted evidence legislature plan produces minimum deviation norm keeping intact political boundaries contrast plaintiffs case submitted district alternative senate plan served state policy fragmenting county boundaries better plan ultimately adopted also came closer achieving districts nearly equal population practicable reynolds sims supra county boundaries cut plan reduced modified henderson plan submitted plaintiffs maximum population deviation district reduced number districts deviating population norm plus minus reduced chapman reference henderson plan show factors cited district viewed controlling persuasive less statistically offensive plans already devised feasible see also kilgarlin hill swann adams absence convincing justification continued adherence plan even state policy terms less efficacious another plan actually proposed alternative set aside district decree failure embody equitable discretion necessary effectuate established standards equal protection clause iii since district legislative reapportionment decree invalid elementary standards reynolds sims reach particularized challenges certain aspects reapportionment plan made plaintiffs challenges based upon claims plan apportionment districts impermissibly dilutes negro voting strength swann adams supra since elections horizon constitutionally permissible legislative reapportionment plan state mississippi yet drawn appropriate give guidance district challenges mind cf chapman meier support claim impermissible racial dilution plaintiffs point unexplained departures neutral guidelines district adopted govern formulation reapportionment plan departures apparent effect scattering negro voting concentrations among number white majority districts point particular district failure adequately explain adoption irregularly shaped districts alternative plans exhibiting contiguity compactness lower acceptable population variances hand plaintiffs referred us two types situations district decree fails meet goal legislative districts reasonably contiguous compact subdivisions large counties whose population entitles elect several legislative representatives houses aggregations smaller counties put together enough people elect one legislator hinds county exemplifies large county problem site state largest city jackson populous mississippi county total residents negroes mississippi counties hinds divided five supervisory districts beats beat elects one supervisor sit board supervisors charged executive judicial local government responsibilities board supervisors reapportioned creating five oddly shaped beats extend far corners county long corridors fragment city jackson much negro population concentrated see kirksey board supervisors hinds county supp sd miss aff awaiting decision rehearing en banc irregular shapes beats assertedly justified necessary achieve equalization road mileage bridges land area among districts equalize primary responsibilities supervisors maintenance roads bridges whatever may validity justifications hinds county board supervisors apportionment first adopted irrelevant problem apportioning state senate seats whose holders presumably concern something maintaining roads bridges district nevertheless concluded hinds county beat elect one senator district explain preference hinds county board supervisors plan although note generally take counties beats voting precincts actually however longstanding state policy mandating separate representation individual beats legislature practical barrier requires apportioning large county basis beat lines mississippi beats turn divided voting precincts sufficiently small basis voting unit allow considerable flexibility putting together legislative districts record neither custom practical necessity thus said justify reliance state senatorial districting purposes upon beats adopted hinds county board supervisors govern election district treatment jefferson claiborne counties illustrates departure announced standards aggregating small counties form legislative district jefferson claiborne counties contiguous counties western border mississippi claiborne total population negroes jefferson total population negroes plaintiffs suggested combining two counties copiah county make compact senate district negro population instead without explanation district combined claiborne county lincoln county beat copiah county make white majority senatorial district jefferson county combined beats adams county make irregularly shaped senatorial district slight negro majority compared plaintiffs proposals district senatorial districts less compact addition require fragmentation two counties plaintiffs proposal fragmented none unexplained departures results might expected flow district neutral guidelines lead charge departures explicable terms purpose minimize voting strength minority group district avoided charge carefully abiding stated intent adopting reasonably contiguous compact districts fully explaining departures goal twelve years passed since litigation began still constitutionally permissible apportionment plan mississippi legislature therefore imperative district drawing new plan make every effort comply established constitutional standards also allay suspicions avoid creation concerns might lead new constitutional challenges view serious questions raised concerning purpose effect present decree unusually shaped legislative districts areas concentrations negro population district remand either draw legislative districts reasonably contiguous compact put rest suspicions negro voting strength impermissibly diluted explain precisely particular instance goal accomplished task facing district remand must approached great care compelling awareness need expeditious accomplishment citizens mississippi long last enabled elect legislature properly represents reversed remanded footnotes appellants nos sometimes hereinafter referred plaintiffs regime majority house representatives elected state voters majority senate elected less connor johnson house districts senate districts multimember districts plan house districts almost half senate districts constituted multimember districts plan thus senators elected senatorial districts members house representatives elected house districts connor johnson advised time acceptable district plans worked hinds county harrison jackson county connor johnson legislative plan contained multimember districts senate multimember districts floterial districts subdistricts house floterial districts form multimember districting one legislators elected subdistricts one legislators elected districtwide connor waller june attorney general objected acts reapportioning house senate ground mississippi failed show legislation purpose effect denying abridging right vote account race subsequently permitted intervene district party plaintiff connor finch supp directed district promptly bring case trial await decisions cases raising reapportionment questions assumption district hold hearing within days entry order deferred consideration petition writ mandamus june district postulated two specific guidelines county boundary integrity county enough population election representative senator shall one complete district within county thus least one senator representative chosen solely county practical effect largely preserve integrity county boundaries conform degree state policy subject mahan howell except two districts may properly set within county authorized mississippi constitution section county split two segments emphasis original connor finch supp see also chapman meier connor williams burns richardson miss art gauging total population deviations house senate norms accept district calculation district populations population deviations unusual cases considerable controversy among parties proper population figures census best approximate estimate state population frozen moment time taken census tract rather along supervisory district voting precinct lines relevant population figures political districts extrapolated process complicated recognition major shifts population voting precinct lines occurred since census fact proportionally negroes whites ineligible vote age need enter imbroglio mathematical manipulation instead confine consideration figures actually found mahan howell see also burns richardson supra remand however avoid substantial confusion characterizes record us district explain genesis population figures relies note appellants assert simple mathematical error resulted understating population variance senate district according figures district variance resulting maximum deviation senate plan miss art district originally calculated total variance december order amending previous judgment increased variance district refused assume chapman meier even deviation norm necessarily satisfy high standards required plans justification high population deviations house plan district also emphasize exceedingly low population norm persons made task far difficult small population house districts means underinclusion overinclusion persons district results incremental deviation population norm district population norm sparsely populated state north dakota consider legitimate basis departure goal equality chapman meier instead recognized individual vote may important result election circumstances concluded particular emphasis placed establishing districts exact population equality possible appellants challenged senate reapportionment whole reynolds sims make blanket challenge entire house plan reynolds sims doctrine since viewed go ing long way toward alleviating dilution black voting strength present house plans however challenge several districts house plan excessively malapportioned arguing example plan created total deviation four house districts washington issaquena counties plaintiffs supported claims fragmentation negro voting strength pointing significant deviations house population norm context plan results sort systemic violation revealed figures record hardly appropriate confine scrutiny particularly egregious localized examples violations specifically relied parties even constitutional validity entire house plan appropriately viewed issue implicitly raised parties authority duty exceptional circumstances notice errors exception taken seriously affect fairness integrity public reputation judicial proceedings atkinson quoted silber see also laboratories university foundation sibbach wilson stern gressman practice ed plaintiffs also argue special elections ordered number house senate districts remedy serious deficiencies plan present state legislature elected arguments become moot view invalidity entire reapportionment decree us plaintiffs assert reapportionment decree found dilute negro voting strength unconstitutional fourteenth fifteenth amendments limited comments however addressed question district appropriate exercise discretion remedying mississippi legislature failure enact valid apportionment equal protection standards established reynolds sims cf ashwander tva brandeis concurring see white regester whitcomb chavis abate mundt burns richardson fortson dorsey textual examples meant illustrative rather exhaustive catalogue possible deficiencies district plan similar criticisms possibly made districting contours number counties validity justifications apportionment supervisor beats currently attack kirksey board supervisors hinds county pending appeals fifth circuit reargument en banc discussion hinds county senate districting problem understood pretermitting consideration county supervisor districting issue raised kirksey litigation unlike counties boundaries fixed statute generations beats units state government boundaries frequently changed boards supervisors according district beat lines generally follow governmental land lines laid section township range words invisible unknown rare individual knows beat line given point connor johnson district take substantial step forward final decree eliminating multimember districts setting aside decree mean obscure significance advance although order hold special elections two districts make immediately available fruits decree affirmed face judgment today vacates entire decree district retain power order special elections remand circumstances may require permit justice blackmun chief justice joins concurring part concurring judgment join parts ii opinion concur judgment understand disapprove district decision use county lines districting boundaries wherever possible even though policy may cause greater variation district population otherwise appropriate plan final plan adopted case appears produce even greater population disparities necessary effectuate county boundary policy cf mahan howell district articulated precise reasons adopting evenly apportioned plan chapman meier appeals private parties case however primarily concerned apportionment serious objections involved aspects district plan claimed dilute negro voting power two issues quite distinct equal apportionment majoritarian principle racial representation question minority rights see smith failure reapportionment effect reapportionment election blacks legislative bodies think opinion sufficiently focus upon potential dissonance ideal goal fair representation minorities decide racial dilution issue time observations part iii opinion indicate approach think entirely appropriate details districting interrelated helpful look isolated aspects statewide apportionment plan order determine whether racial improperly motivated gerrymander taken place districts disfavor minority group one part state may counterbalanced favorable districts elsewhere better approach therefore examine overall effect apportionment plan opportunity fair representation minority voters statistics census reveal black population mississippi brief district apportionment plan nine senate districts house districts black majorities population statistics indicate plan unlikely provide black voters representation legislature equivalent electoral strength think plan improperly dilutes black voting strength fails provide proportional representation see whitcomb chavis normal system legislative apportionment direct territorial representation districts system normally provide electoral minorities proportional representation legislature extent electoral strength translated legislative representation depends number factors including size voting group geographical dispersion size legislative districts way district boundaries drawn first three factors probably sufficient explain result present case without raising inference district boundaries drawn minimize dilute overall black voting strength course fact plan seems generally provide fair representation preclude showing particular aspect adopted impermissibly discriminatory intent claim based disparate effect piecemeal review apportionment plan may well misleading example opinion suggests district may erred adopting alternative plan combining jefferson claiborne counties single senate district copiah county ante district plan combine jefferson claiborne counties single house district number black majority population moreover reason believe alternative senate districting entailed less fragmentation county boundaries overall plan alternative proposal required formation additional senate district starting three noncontiguous areas simpson county lincoln county part adams county complete reshuffle senate districts southwestern mississippi thus necessary implement alternative one speculate effect reshuffle respect either county boundary integrity overall black voter representation opinion also suggests adherence criteria contiguity compactness assure neutral districting ante normally desirable characteristics districting plan doubt approach effective assuring fair representation racial minority groups better constraint potential gerrymandering imposed use established political boundaries point goals equal apportionment minority representation may well conflict extent attainment precisely equal districts requires abandonment longstanding political boundaries gerrymandering much easier conversely requirement equal apportionment places little constraint possibility gerrymander discussion hinds county senate districts illustrates ante districts almost exactly equal population variances norm ranging none preceding comments meant suggest intentional gerrymandering serious problem apportionment plans even plan adopted purest motives unavoidable effect representation various political groups legislature established policy respecting political natural boundaries districting believe may best avoid appearance partisanship using boundaries much possible districting fact several districting alternatives proposed appellants means improving black representation also involved greater population disparities plan adopted district see brief hinds county senate districts warren county house districts brief private appellants adams county house districts challenge case predicated common questionable assumption voting take place along racial lines thus blacks receive effective representation districts compose majority population see brief private appellants brief assumption perhaps appropriate situations blacks continue excluded political process see white regester separate representation race however certainly optimal solution best provide temporary expedient remedy see generally rae political consequences electoral laws tufte relationship seats votes systems pol sci rev clear workable standards evaluating compactness available event requirement compactness necessarily promote minority group representation see dixon democratic representation mayhew congressional representation theory practice drawing districts polsby reapportionment pp reynolds sims wells rockefeller harlan dissenting white dissenting see baker gerrymandering privileged sanctuary next judicial target polsby reapportionment pp elliott political consequences reapportionment chi rev justice powell dissenting today strikes entire mississippi reapportionment plan ordered district violative principles announced reynolds sims view result party protracted litigation urged unnecessary erroneous question correctly whether district properly exercised equitable discretion reconciling requirements constitution goals state political policy ante although believe proceedings necessary respect certain aspects district plan find basis record holding district abused broad discretion necessarily must exercise cases kind view district overall plan sound impermissibly depart requirements prior cases plan contains maximum deviations absolute population equality senate house mahan howell sustained legislative reapportionment plan virginia house delegates maximum variation held deviation justified state policy maintaining integrity political subdivision lines see davis mann policy justifies comparable deviations district plan mississippi state also tradition respecting integrity political subdivision lines drawing legislative districts sure plan us ordered federal said plan must examined critically one adopted state legislature chapman meier theory underlying demanding standard review legislative plans likely reflect state political policy people accurately decision unelected federal judges deviations plan attributable case explicit policy deference state traditional district lines distinction becomes relatively unimportant deviations also accepted parties litigation true basic house plan distinction seems wholly irrelevant issue primarily presented argued appeals whether district plan impermissibly dilutes negro voting strength agree generally justice blackmun concurring opinion aspect case find evidence record suggest plan assures substantial negro representation state brief overall effect diluting negro vote private appellants however called attention number specific concentrations negro voters state fragmented among two districts plan focuses particular six counties claims alternative district lines proposed parties preserve appropriate reconciliation competing interests population equality geographic compactness adherence traditional political boundaries without fragmenting negro vote district failed explain rejected proposed alternatives contentions virtually impossible review accordingly remand case district findings comparing detail challenged lines plan proposed limit scope remand districts specifically challenged appeal unnecessary racial dilution districts require readjustment alternatives proposed respects affirm judgment district appellant challenge plan failing meet requirement equal protection clause private appellants challenge senate plan limited aspects house plan basis noted chapman far apparent north dakota policy currently requires favors strict adherence political lines counties challenged districts follows hinds senate districts warren house districts forrest house districts washington house districts claiborne jefferson senate districts brief alternative proposed warren county house districts require redistricting house districts alternative proposed claiborne jefferson counties senate districts apparently require readjustment surrounding counties notes validity apportionment hinds county pending appeals fifth circuit rehearing en banc kirksey board supervisors hinds county agree pretermit consideration issues fifth circuit kirksey order supervisory districts redrawn district necessarily corresponding legislative districts apportionment plan although private appellants challenge additional aspects senate plan unnecessary racial dilution offer alternatives limited affected districts plan instead urge entire plan set aside believe basic plan sound reasons stated text reject additional challenges private appellants also challenge house plan adams county claiming adopted district larger negro population obtains district view contention without merit disposition case makes unnecessary discuss issue special elections