karcher daggett argued march decided june result census new jersey legislature reapportioned state congressional districts reapportionment plan contained districts average population per district district average differing ideal figure largest district fourth district population smallest sixth district population difference average district suit group individuals challenging plan validity district held plan violated art constitution population deviations among districts although small result goodfaith effort achieve population equality held equal representation standard art requires congressional districts apportioned achieve population equality nearly practicable parties challenging apportionment legislation bear burden proving population differences among districts reduced eliminated effort draw districts equal population plaintiffs carry burden state must bear burden proving significant variance districts necessary achieve legitimate goal cf kirkpatrick preisler white weiser pp new jersey plan may regarded per se product effort achieve population equality merely maximum population deviation among districts smaller predictable undercount available census data pp nearly practicable standard apportioning congressional districts inconsistent adoption fixed numerical standards excuse population variances without regard circumstances particular case kirkpatrick supra principle population equality developed kirkpatrick supra wesberry sanders reflects aspirations art de minimis population variations practicably avoided may considered meeting standard art without justification pp merit contention population deviation ideal district size considered functional equivalent zero matter law deviation less predictable undercount census system figures even assuming extent census system systematically undercounts actual population precisely determined relevant census count provides reliable albeit less perfect indication districts real relative population levels furnishes basis attempts achieve population equality pp population differences involved avoided significantly reduced effort achieve population equality resort simple device transferring entire political subdivisions known population contiguous districts produced districts much closer numerical equality thus district err finding plaintiffs met burden showing plan come nearly practicable population equality pp district properly found defendants meet burden proving population deviations plan necessary achieve consistent nondiscriminatory legislative policy state must show specificity particular objective required specific deviations plan primary justification asserted preserving voting strength racial minority groups appellants failed show specific population disparities necessary preserve minority voting strength pp brennan delivered opinion marshall blackmun stevens joined stevens filed concurring opinion post white filed dissenting opinion burger powell rehnquist joined post powell filed dissenting opinion post kenneth guido argued cause appellants briefs harry sachse loftus becker donald simon clive cummis charles walsh jerald baranoff leon sokol michael solomon lawrence marinari robert farkas bernard hellring argued cause appellees brief jonathan goldstein robert raymar stephen dreyfuss roger allan moore richard foelber michael hess filed brief republican national committee amicus curiae urging affirmance justice brennan delivered opinion question presented appeal whether apportionment plan congressional district satisfies art constitution without need justification population largest district less one percent greater population smallest district district declared new jersey reapportionment plan unconstitutional authority kirkpatrick preisler white weiser population deviations among districts although small result effort achieve population equality affirm results decennial census tabulated clerk house representatives notified governor new jersey number representatives state entitled decreased accordingly new jersey legislature required reapportion state congressional districts state legislature passed two reapportionment bills one vetoed governor second although signed law occasioned significant dissatisfaction among felt diluted minority voting strength city newark see app response legislature returned problem apportioning congressional districts convened january swiftly passed bill introduced senator feldman president pro tem state senate created apportionment plan issue case bill signed governor january becoming pub ch hereinafter feldman plan map resulting apportionment appended infra like every plan considered legislature feldman plan contained districts average population per district determined census district population average district differed ideal figure people largest district fourth district includes trenton population smallest sixth district embracing middlesex county population difference people average district populations districts also varied ninth district including bergen county northeastern corner state population population third district along atlantic shore app legislature plans appreciably smaller population deviations largest smallest districts one receiving attention district designed ernest reock political science professor rutgers university director bureau government research version reock plan introduced legislature assemblyman hardwick maximum population difference average figure almost immediately feldman plan became law group individuals varying interests including incumbent republican members congress new jersey sought declaration apportionment plan violated art constitution injunction proceeding primary election representatives plan district convened pursuant district held hearing february parties submitted number depositions affidavits moved summary judgment waived right introduce evidence event motions summary judgment denied shortly thereafter district issued opinion order declaring feldman plan unconstitutional denying motions summary judgment resolving case record whole district held population variances feldman plan unavoidable despite effort achieve absolute equality see kirkpatrick supra rejected appellants argument deviation lower statistical imprecision decennial census functional equivalent mathematical equality daggett kimmelman supp nj also held appellants failed show population variances justified legislature purported goals preserving minority voting strength anticipating shifts population ibid district enjoined appellants conducting primary general elections feldman plan order stayed pending appeal brennan chambers noted probable jurisdiction ii article establishes high standard justice common sense apportionment congressional districts equal representation equal numbers people wesberry sanders precise mathematical equality however may impossible achieve imperfect world therefore equal representation standard enforced extent requiring districts apportioned achieve population equality nearly practicable see explained kirkpatrick preisler nearly practicable standard requires state make effort achieve precise mathematical equality see reynolds sims unless population variances among congressional districts shown resulted despite effort state must justify variance matter small thus two basic questions shape litigation population deviations state legislation apportioning congressional districts first must consider whether population differences among districts reduced eliminated altogether effort draw districts equal population parties challenging apportionment legislation must bear burden proof issue fail show differences avoided apportionment scheme must upheld however plaintiffs establish population differences result effort achieve equality state must bear burden proving significant variance districts necessary achieve legitimate goal kirkpatrick cf swann adams iii appellants principal argument case addressed first question described contend feldman plan regarded per se product effort achieve population equality maximum population deviation among districts smaller predictable undercount available census data kirkpatrick squarely rejected nearly identical argument whole thrust nearly practicable approach inconsistent adoption fixed numerical standards excuse population variances without regard circumstances particular case see white weiser supra adopting standard population equality using best census data available see subtly erode constitution ideal equal representation state legislators knew certain de minimis level population differences acceptable doubtless strive achieve level rather equality furthermore choosing different standard import high degree arbitrariness process reviewing apportionment plans ibid case appellants argue maximum deviation approximately considered de minimis accept argument regard deviations standard including absolute equality involves certain artificiality appellants point even census data perfect restlessness american people means population counts particular localities outdated long completed yet problems data hand apply equally standard choose two standards equality something less equality former reflects aspirations art accept legitimacy unjustified though small population deviations case mean reject basic premise kirkpatrick wesberry decline appellants invitation go far unusual rigor standard noted several times rigor required absolute population equality paramount objective apportionment case congressional districts command art regards national legislature outweighs local interests state may deem relevant apportioning districts representatives state local legislatures questioned population equality standard congressional districts see white weiser white regester mahan howell principle population equality congressional districts proved unjust socially economically harmful experience cf washington dawson brandeis dissenting cardozo nature judicial process anything standard cause less difficulty state legislatures adopted wesberry rapid advances computer technology education last two decades make relatively simple draw contiguous districts equal population time whatever secondary goals state finally abandon unnecessarily clear constitutional interpretation impair authority cases florida dept health florida nursing home stevens concurring pollock farmers loan trust white dissenting implicitly open door plethora requests reexamine rules may consider burdensome cardozo supra prejudice relied upon rule law seeking equipopulous congressional apportionment new jersey see florida nursing home supra stevens concurring thus reaffirm de minimis population variations practicably avoided nonetheless meet standard art without justification sole difference appellants theory argument rejected kirkpatrick appellants proposed de minimis line gives illusion rationality predictability inevitable statistical imprecision census argue deviation ideal district size less known imprecision census figures variation functional equivalent zero brief appellants two problems approach first appellants concentrate extent census systematically undercounts actual population figure known precisely even known relevant case second mere existence statistical imprecision make small deviations among districts functional equivalent equality district appellants rely exclusively affidavit james trussell princeton university demographer see app trussell carefully worded statement reviews various studies undercounts decennial censuses draws three important conclusions undercount census likely one percent evidence date indicates places undercounted extent since undercount rate shown depend race sex age income education distribution undercount new jersey unknown see reason believe uniformly spread municipalities assuming purposes argument statements correct support appellants argument essence appellants benchmark little attempt present attractive de minimis line patina scientific authority neither trussell statement appellants evidence specifies precise level undercount new jersey trussell discussion census makes clear impossible develop reliable estimates undercount anything nationwide scale see conclusion undercount likely one percent seems based undercounts previous censuses guess well new procedures adopted reduce undercount work therefore accepted appellants theory national undercount level sets limit ability use census data tell difference populations congressional districts might well forced set level far one percent final analyses census completed trussell admits existence undercount irrelevant population deviations among districts undercount distributed evenly among districts undercount census affects accuracy deviations districts extent undercount varies district district undercount explain deviations census populations two districts undercount smaller district approximately three times large undercount larger district highly unlikely course condition holds true especially since appellants utterly failed introduce evidence showing districts designed compensate probable undercount trussell affidavit rate undercounting may vary municipality municipality discuss much may vary extent variations reflected district level many municipalities combined affidavit indicate factors associated rate undercounting race sex age etc vary district district importantly populations smaller districts reflect relevant factors populations larger districts trussell admits distribution undercount new jersey completely unknown bizarre coincidence systematic undercount census bear statistical relationship districts drawn feldman plan census may systematically undercount population rate undercounting may vary place place facts however render meaningless differences population congressional districts determined uncorrected census counts contrary census data provide reliable albeit less perfect indication districts real relative population levels even one say certainty one district larger another merely higher census count one say certainty district larger census count likely larger district smaller size certainty sufficient decisionmaking cf city newark blumenthal supp dc furthermore census count represents best population data available see kirkpatrick basis attempts achieve population equality attempts explain population deviations basis flaws census data must supported precision achieved see given population deviations feldman plan reflect real differences among districts clear avoided significantly reduced effort achieve population equality reason alone inappropriate accept feldman plan functionally equivalent plan districts equal population district found several plans introduced legislature smaller maximum deviations feldman plan cf white weiser appellants object alternative plans considered district comparable feldman plan political character differed profoundly see app affidavit woodson arguing alternative plans failed protect interests black voters trenton camden areas never denied apportionment political process state legislatures pursue legitimate secondary objectives long objectives consistent effort achieve population equality time nevertheless claim political considerations require population differences among congressional districts belongs properly second level judicial inquiry cases see infra state bears burden justifying differences particularity event unnecessary district rest finding existence alternative plans radically different political effects kirkpatrick resort simple device transferring entire political subdivisions known population contiguous districts produced districts much closer numerical equality starting feldman plan census data available legislature time enacted see app one reduce maximum population deviation plan merely shifting handful municipalities one district another see also swann adams supra thus district err finding plaintiffs met burden showing feldman plan come nearly practicable population equality iv foregoing discussion establish feldman plan unconstitutional rather appellees success proving feldman plan product effort achieve population equality means burden shifted state prove population deviations plan necessary achieve legitimate state objective white weiser demonstrates willing defer state legislative policies long consistent constitutional norms even require small differences population congressional districts see cf upham seamon connor finch number consistently applied legislative policies might justify variance including instance making districts compact respecting municipal boundaries preserving cores prior districts avoiding contests incumbent representatives long criteria nondiscriminatory see gomillion lightfoot legitimate objectives proper showing justify minor population deviations see west virginia civil liberties union rockefeller supp sd approving plan maximum deviation justified compactness provision state constitution cf reynolds sims burns richardson state must however show specificity particular objective required specific deviations plan rather simply relying general assertions showing required justify population deviations flexible depending size deviations importance state interests consistency plan whole reflects interests availability alternatives might substantially vindicate interests yet approximate population equality closely necessity whether deviations justified requires attention factors possibility state justify small variations population congressional districts basis legitimate consistently applied policy recognized kirkpatrick case missouri advanced theory echoed justice white dissent see post differences number eligible voters projected population shifts justified population deviations case rejected arguments factors impermissible considerations apportionment process rather size resulting deviations missouri best made haphazard adjustments scheme based total population made attempt account factors districts generally failed document findings thoroughly apply throughout state systematic ad hoc manner district properly found appellants justify population deviations case argument district appeal appellants emphasized one justification feldman plan population deviations preserving voting strength racial minority groups submitted affidavits mayors kenneth gibson newark thomas cooke east orange discussing importance large majority black voters newark tenth district app well affidavit howard woodson candidate mayor trenton comparing feldman plan treatment black voters trenton camden areas reock plan see also affidavit karcher district found however appellants attempted demonstrate demonstrate causal relationship goal preserving minority voting strength tenth district population variances districts find goal preserving minority voting strength tenth district related way population deviations fourth sixth districts district properly applied test kirkpatrick preisler new jersey apportionment districts house representatives correctly held population deviations plan functionally equal matter law found plan effort achieve population equality using best available census data also correctly rejected appellants attempt justify population deviations supported evidence judgment district therefore affirmed footnotes relevant part house representatives shall composed members chosen every second year people several representatives shall apportioned among several may included within union according respective numbers evidence record one infer precisely happened new jersey alan karcher speaker assembly testified set maximum deviation upper limit plans considered seriously legislature record doc pp karcher deposition evidence serious attempt seek improvements level problems certainly apply justice white concededly arbitrary solution see post apparently selected solely avoid embarrassment discarding actual result kirkpatrick along reasoning de minimis line tied actual population way mitigates differences identified post number adults eligible registered actual voters two districts discussed see infra unless systematic effort made correct distortions inherent census counts total population deviations norm population equality far likely exacerbate differences districts state attempt use measure total population correct census figures may haphazard inconsistent conjectural manner kirkpatrick see infra note many problems new jersey legislature encountered drawing districts equal population stemmed decision appellees never challenged divide municipalities two congressional districts entire state new jersey divided municipalities populations ranging newark tavistock borough see brief appellants preserving political subdivisions intact however perfectly permissible secondary goal sufficient excuse failing achieve population equality without specific showing described infra see kirkpatrick preisler supra white weiser justice white objects rule absolute equality perfectly compatible gerrymandering worst sort wells rockefeller harlan dissenting post may certainly true extent beyond requiring justify population deviations explicit precise reasons might expected inhibitory effect kirkpatrick little prevent known gerrymandering see generally backstrom robins eller issues gerrymandering exploratory measure partisan gerrymandering applied minnesota rev cf kirkpatrick object achieving population equality far less ambitious required address gerrymandering constitutional level event additional claim kirkpatrick actually promotes gerrymandering opposed merely failing stop completely empty federal principle population equality prevent state taking steps inhibit gerrymandering long effort made achieve population equality well see const art guidelines compactness contiguity boundaries political subdivisions communities interest mass amended art ci boundaries elec law mckinney compactness boundaries justice white argues lack de minimis rule encourages litigation intrusion federal courts state affairs post gainsaid de minimis rule proposes made litigation case unattractive experience proves cases federal called upon invalidate existing apportionment sometimes substitute plan stead frequently arise newly enacted apportionment plan fails meet test kirkpatrick partisan politics frustrate efforts state legislature enact new plan recent census shown existing plan grossly malapportioned see carstens lamm supp shayer kirkpatrick supp wd mo summarily aff brier supp donnelly meskill supp david cahill supp nj skolnick state electoral board illinois supp nd see generally passel siegel robinson coverage national population census age sex race preliminary estimates demographic analysis record doc hereinafter passel estimates national undercount previous censuses range see panel decennial census plans counting people appraisal census plans nat acad sciences example assume hypothetical state two congressional districts district population district population deviation one percent mean statewide undercount also one percent distributed evenly two districts district real population district real population deviation remain one percent uncounted people state live district two districts equal populations uncounted people happen live district deviation two districts increase instance accepted rate undercount census black population nationwide basis significantly higher rate undercount white population see generally passel yet census population districts feldman plan unrelated percentage blacks district fourth district instance largest district terms population mean black population app first district black almost exactly average overall population undercount particular district predicted percentage blacks district extent blacks counted undercount severe fourth district relatively less populous first district according population figures used reock following adjustments feldman plan enacted pub ch reduce maximum population variance somewhat lower version reock plan introduced legislature fifth district add oakland franklin lakes eighth district hillsdale woodcliff lake norwood ninth district sixth district add north brunswick seventh district seventh district add roosevelt fourth district south plainfield helmetta sixth district eighth district add montville boonton town fifth district ninth district add river edge oradell fifth district changes particularly obvious shifting small town roosevelt fourth seventh district brings appreciably closer mean town already nearly surrounded seventh district similarly river edge oradell norwood montville barely contiguous present districts almost completely surrounded new districts suggested improvement doubtless accomplished aid computer detailed census data see also supra course prejudge validity plan incorporating changes indicate plan represent effort whenever conceive minor improvements point illustrate reductions achieved within basic framework feldman plan cases kirkpatrick relied made clear principle population equality entirely preclude small deviations caused adherence consistent state policies see swann adams reynolds sims district courts applying kirkpatrick standard consistently recognized small deviations justified see doulin white supp ed ark rejecting projected population shifts justification plan maximum deviation largest district also largest projected growth west virginia civil liberties union rockefeller supp sd furthermore courts using kirkpatrick standard evaluate proposed remedies unconstitutional apportionments often white weiser rejected plan lowest population deviation favor plans slightly higher deviations reflected consistent state policies see david cahill supp nj skolnick state electoral board illinois number district courts applying kirkpatrick test apportionments state legislatures disapproved practice mahan howell also understood justification small deviations real possibility kelly bumpers supp ed ark summarily aff ferrell oklahoma ex rel hall supp wd summarily aff sewell tammany parish police jury supp ed la graves barnes supp wd tex later reversed applying kirkpatrick white regester characterized inquiry required kirkpatrick follows critical issue remains state justified variances however small basis consistent rational state policy see oral argument appellants stated drafters feldman plan concerned number objectives well namely preserve cores existing districts preserve municipal boundaries tr oral arg see also answer counterclaim behalf alan karcher record doc similarly speaker karcher affidavit suggests legislature concerned ninth district lie entirely within bergen county app none justifications presented district general way however relevant question presented appellants excludes whether legislative policy preserving minority voting strength justifies small deviations census population equality congressional reapportionment plan brief appellants furthermore several plans legislature significantly lower population deviations kept municipalities intact county ninth district see app justice stevens concurring alternative ground affirmance appellees contended oral argument bizarre configuration new jersey congressional districts sufficient demonstrate plan adopted good faith argument understand claim district boundaries unconstitutional product political gerrymandering since vote decisive case seems appropriate explain argument influences analysis question divides previously pointed political gerrymandering one species vote dilution proscribed equal protection clause adequate judicial analysis gerrymandering claim raises special problems shall comment length legal basis gerrymandering claim standards judging claim relevance present case relying art constitution interpreted wesberry sanders subsequent cases appellees successfully challenged congressional districting plan adopted new jersey legislature reasons stated justice brennan opinion join doctrine stare decisis requires result demonstrated however holding wesberry well holding today firmer roots constitution provided art constitutional mandate contained art concerns number representatives shall apportioned among several section says nothing composition congressional districts within state indeed text section places restriction whatsoever power state define group persons within state may vote particular candidates state divide registered voters separate classes defined alphabetical order initials age period residence state even political affiliation classification barred text art even classes contained widely different numbers voters justice harlan pointed dissenting opinion wesberry prior civil war principle numerical equality representation actually contradicted text art provided whole number free persons counted certain indians excluded persons added total analyzing constitution ignore regrettable fact originally framed expressly tolerated institution slavery hand neither ignore basic changes caused civil war amendments planted roots firmly support today holding abolition slavery guarantees citizenship voting rights contained thirteenth fourteenth fifteenth amendments effectively repealed art requirement votes given greater weight others remains true however art contain guarantee equality representation source guarantee must found elsewhere justice clark perceptively noted partial concurrence wesberry justice black written earlier dissent colegrove green guarantee firmly grounded equal protection clause fourteenth amendment even justice harlan powerful dissent wesberry find flaw analysis review state laws redefining congressional districts subsequent wesberry sanders found necessary rely equal protection clause clause however provided basis applying one person one vote standard electoral districts see baker carr reynolds sims avery midland county even art wholly disregarded one person one vote rule unquestionably apply action state officials defining congressional districts state action defining state legislative districts equal protection clause requires every state govern impartially state adopts rules governing election machinery defining electoral boundaries rules must serve interests entire community see reynolds sims supra serve purpose favor one segment whether racial ethnic religious economic political may occupy position strength particular point time disadvantage politically weak segment community violate constitutional guarantee equal protection gomillion lightfoot invalidated change city boundaries tuskegee alabama square uncouth figure excluding virtually city black voters opinion identified right violated group right legislature thus singles readily isolated segment racial minority special discriminatory treatment violates fifteenth amendment case involving unequal weight voting distribution come decision sanction differentiation racial lines whereby approval given unequivocal withdrawal vote solely colored citizens gomillion involved complete geographical exclusion racially identified group case case arising equal protection clause suggested dilution voting strength cognizable political well racial groups may unconstitutional thus question reserved fortson dorsey related apportionment scheme might operate minimize cancel voting strength racial political elements voting population see also gaffney cummings white regester whitcomb chavis supra burns richardson separate opinion williams rhodes justice douglas pointed equal protection clause protects voting rights political groups well economic units racial communities entities abate mundt noted absence bias tending favor particular political interests geographic areas dissenting opinion today justice white seems agree new jersey plan violate equal protection clause invidiously discriminated racial political group post one equal protection clause since clause make groups citizens equal others see zobel williams brennan concurring protection vote dilution confined racial groups long proscribes gerrymandering groups proscription must provide comparable protection cognizable groups voters well previously written process racial religious ethnic economic gerrymanders species political gerrymanders standpoint groups voters affected process also important recognize group interest gaining maintaining political power stake mere fact number citizens share common ethnic racial religious background create need protection gerrymandering common interests strong enough manifested political action need arises political strength group function ethnic racial religious composition rather function numbers specifically number persons vote way mobile bolden concurring judgment ii like justice white convinced judicial preoccupation goal perfect population equality inadequate method judging constitutionality apportionment plan hold obvious gerrymander wholly immune attack simply comes closer perfect population equality every competing plan hand find virtue proposal relax standard set forth wesberry subsequent cases ignore population disparities arbitrarily defined threshold crossed one commentator written logic well experience tells us total sanctuaries political thicket else unfairness simply shift one form another rather supplement population equality standard additional criteria less judicially manageable evaluating equal protection challenges districting plans resolving attacks forms discriminatory action consider whether plan significant adverse impact identifiable political group whether plan objective indicia irregularity whether state able produce convincing evidence plan nevertheless serves neutral legitimate interests community whole two decades ago constrained fear entering standardless political thicket simply abstained attempt judge constitutionality legislative apportionment plans even districts varied population see colegrove green baker carr reynolds sims abandoned extreme form judicial restraint enunciated one person one vote principle standard judicially manageable census data concrete reasonably reliable judges multiply divide even basis protecting voters individual capacity one person one vote approach shortcomings although population disparities easily quantified standard provides measure significance numerical difference easy recognize element unfairness allowing voters elect one congressman another elected significant difference census counts given birth rate mortality rate transient character modern society acknowledged errors census know differences may vanish date census date next election absolute population equality impossible achieve important mere numerical equality sufficient guarantee equal representation although directly protects individuals protects groups indirectly best see reynolds sims supra voter may challenge apportionment scheme ground gives vote less weight voters purpose matter whether plaintiff combined separated others might share group affiliation plainly unrealistic assume smaller numerical disparity always produce fairer districting plan indeed justice harlan correctly observed wells rockefeller standard absolute equality perfectly compatible gerrymandering worst sort computer may grind district lines totally frustrate popular overwhelming number critical issues since justice harlan wrote developments computer technology made task gerrymanderer even easier see post white dissenting imperfections numerical standard course render useless provides one neutral criterion evaluating districting plan numerical disparities may provide sufficient basis shifting burden justification state moreover factors equipoise proper conclude plan nearly attains goal complete equality fairest plan major shortcoming numerical standard failure take account relevant indeed important criteria relating fairness group participation political process extent may indeed counterproductive see gaffney cummings limited extent taken cognizance discriminatory treatment groups voters path sometimes used enter political thicket marked label intent finding majority deliberately sought make difficult minority group elect representatives may provide sufficient basis holding objectively neutral electoral plan unconstitutional see rogers lodge reasons already set forth length standard inadequate see stevens dissenting mobile bolden stevens concurring judgment condemn legislature districting plan absence discriminatory impact simply proponents motivated part partisanship group animus legislators politicians unrealistic attempt proscribe political considerations essentially political process redistricting long run constitutional adjudication premised appraisal subjective intent local decisionmakers possibly satisfy requirement impartial administration law embodied equal protection clause fourteenth amendment hand plan significant adverse impact upon defined political group additional showing departs dramatically neutral criteria suffice shift task justification state defendants number reasons burden plaintiffs meet relatively cases threshold matter plaintiffs must show members identifiable political group whose voting strength diluted must first prove belong politically salient class see supra one whose geographical distribution sufficiently ascertainable taken account drawing district boundaries second must prove relevant district districts state whole proportionate voting influence adversely affected challenged scheme third plaintiffs must make prima facie showing raises rebuttable presumption discrimination one standard method members disadvantaged political group may establish dilution voting rights reliance one person one vote principle depends statewide statistical analysis prima facie evidence gerrymandering surely presented ways one obvious type evidence shape district configurations one need use justice stewart classic definition obscenity know see ultimate standard judging constitutionality gerrymander recognize dramatically irregular shapes may sufficient probative force call explanation substantial divergences mathematical standard compactness may symptoms illegitimate gerrymandering ernest reock rutgers university written without requirement compactness boundaries district may twist wind way across map fantastic fashion order absorb scattered pockets partisan support extent geographical compactness serves independent values facilitates political organization electoral campaigning constituent representation number state statutes constitutions require districts compact contiguous standards limited utility defined applied rigor precision yet professor reock scholars set forth number methods measuring compactness computed virtually degree precision population count true course significance particular compactness measure may difficult evaluate figures case demonstrate may said population disparities addition although deviations compactness may inescapable geographical configuration uneven population density particular state relative degrees compactness different district maps always compared numerical standard seems fair conclude drastic departures compactness signal something may amiss extensive deviation established political boundaries another possible basis prima facie showing gerrymandering wrote reynolds sims indiscriminate districting without regard political subdivision natural historical boundary lines may little open invitation partisan gerrymandering subdivision boundaries tend remain stable time residents political units townships cities counties often develop community interest particularly subdivision plays important role provision governmental services addition legislative districts cross subdivision boundaries administratively convenient less likely confuse voters although significance deviations subdivision boundaries vary number legislative seats number size shape state subdivisions number counted alternative plans compared procedural standard although obviously less precise may also enlightening process formulating adopting plan excluded divergent viewpoints openly reflected use partisan criteria provided explanation reasons selecting one plan another seem appropriate conclude adversely affected plaintiff group entitled majority explain action hand neutral decisionmakers developed plan basis neutral criteria adequate opportunity presentation consideration differing points view guidelines used selecting plan explained strong presumption validity attach whatever plan process produced although scheme fact worsens voting position particular group though geographic configuration genesis sufficiently irregular violate one criteria discussed nevertheless constitutionally valid state demonstrate plan whole embodies acceptable neutral objectives kinds justification accepts legitimate context population disparities also available whenever criteria shape compactness political boundaries decisionmaking procedures sent warning flags order overcome prima facie case invalidity state may adduce legitimate considerations incident effectuation rational state policy reynolds sims may also show specificity particular objective requires specific deviations plan rather simply relying general assertions showing flexible depending size deviations importance state interests consistency plan whole reflects interests availability alternatives might substantially vindicate interests yet approximate population equality closely ante iii case necessary go beyond reasoning opinions wesberry sanders kirkpatrick preisler white weiser reach correct result none additional criteria mentioned cast doubt propriety holding case although need decide whether plan shortcomings regarding shape compactness subdivision boundaries neutral decisionmaking establish prima facie case factors certainly strengthen conclusion new jersey plan violates equal protection clause glance map ante following shows district configurations well deserving kind descriptive adjectives uncouth bizarre traditionally used describe acknowledged gerrymanders applied mathematical measures compactness new jersey map think likely plan fare well addition disregarding geographical compactness redistricting scheme wantonly disregards county boundaries example words commentator flight cartographic fancy legislature packed north jersey republicans new district many call swan long neck twisted body stretch new york suburbs rural upper reaches delaware river district fifth contains segments least seven counties commentator described seventh district comprised parts five counties tracing curving partisan path industrial elizabeth liberal academic princeton largely jewish marlboro monmouth county resulting monstrosity called fishhook detractors congressional quarterly map prompts inquiry process led adoption plan sponsored leadership democratic party controlled houses state legislature well governor office signed law day inauguration republican governor legislators never formally explained guidelines used formulating plan selecting available plans several rejected plans contained districts nearly equal population compact consistent subdivision boundaries including one submitted recognized expert ernest reock whose impartiality academic credentials challenged district found reock plan rejected reflect leadership partisan concerns daggett kimmelman supp nj conclusion arises naturally absence persuasive justifications rejection reock plan buttressed letter written reock democratic speaker new jersey general assembly letter frankly explained importance democrats taking advantage opportunity control redistricting census speaker justified overt partisanship describing political considerations motivated republican majority adoption district plans new jersey past present sum record indicates decisionmaking process leading adoption challenged plan far neutral designed increase number democrats decrease number republicans new jersey voters send congress future years finally record show legitimate justifications irregularities new jersey plan although concededly case tried different theory district made comparative study districting plans state opportunity offer justifications specifically directed toward additional concerns discussed conclude absolute certainty new jersey plan unconstitutional partisan gerrymander full agreement holding plan embodies deviations population equality justified neutral state objective stand population equality provides check political gerrymandering virtually impossible fashion fair effective remedy case like shape legislative districts entirely unconstrained dominant majority doubt respond unfavorable judgment providing even map reflects acceptable numerical equality even greater political inequality federal judges prevent consequence taking hard look shape things come remedy hearing believe also scrutinize original map sufficient care determine whether distortions rational basis neutral criteria otherwise promise baker carr reynolds sims judicially manageable standards assure ull effective participation citizens may never fulfilled see cousins city council chicago stevens dissenting cert denied mobile bolden stevens concurring judgment rogers lodge stevens dissenting article provides part representatives direct taxes shall apportioned among several may included within union according respective numbers shall determined adding whole number free persons including bound service term years excluding indians taxed three fifths persons art cl emphasis supplied first years nation history widespread practice elect members house representatives group statewide basis wesberry sanders representatives apportioned among basis free population plus slave population since slave voted inclusion number basis apportionment gave favored representation far excess voting population slaves intended without representation article exactly says prohibited weighted vote voters slave alternatively might thought representatives elected free men state speak also slaves since slaves added representation state representatives slave thought speak slaves indicating convention believed possible representative elected one group speak another nonvoting group representatives large degree still thought speaking whole population state reading one person one vote requirement art historically well textually unsound see kelly clio illicit love affair rev clause permit pick certain qualified citizens groups citizens deny right vote one deny equal protection clause also prohibit law expressly give certain citizens others full vote probable effect state apportionment act coming election certain citizens among appellants instances votes effective choosing representatives congress votes citizens discriminatory legislation seems exactly kind equal protection clause intended prohibit colegrove green black dissenting quoted part wesberry sanders supra clark concurring part dissenting part one person one vote rule like equal protection clause firmly grounded provides protection one form discrimination cases rule first developed district boundaries accorded significantly less weight individual votes populous districts also clear boundaries maximized political strength rural voters diluted political power urban voters see hacker congressional districting issue equal representation see generally standards congressional districts apportionment hearings subcommittee house committee judiciary primary consequence rule protection individual voter also provided one mechanism identifying curtailing discrimination cognizable groups voters similarly motivation gerrymander turns political strength members group derived cohesive voting patterns rather source common interests former appear consistent written case ante latter consistent justice white written dissent post either approaches leave door unrestricted gerrymandering wide open see engstrom equipopulous gerrymandering remaining obstacle quest fair effective representation state baker quantitative descriptive guidelines minimize gerrymandering annals acad sci specific guidelines minimize gerrymandering forthcoming great democratic principle one man one vote degenerated simplistic arithmetical facade discriminatory cartography extensive scale dixon people one man one vote reapportionment polsby ed computers make possible generate large number alternative plans consistent equal population guidelines various criteria relatively short period time analyze political characteristics one considerable detail contrast round reapportionment barely able generate single reapportionment plan time allotted task national conference state legislatures reapportionment law technology june see also engstrom supra see edwards gerrymander one man one vote rev elliott prometheus proteus pandora procrustes unbound political consequences reapportionment chi rev engstrom supra identifiable groups generally based political affiliation race ethnic group national origin religion economic status characteristics may become politically significant particular context see clinton explorations political thicket gerrymander constitution iowa rev cognizable interest group coherent identifiable legislative policy comment political gerrymandering statutory compactness standard antidote judicial impotence chi rev clearly identifiable stable group difficulty making showing stems existence alternative strategies vote dilution depending circumstances vote dilution may demonstrated population concentration group members fragmented among districts members group overconcentrated single district greatly excess percentage needed elect candidate choice see mobile bolden stevens concurring judgment hacker supra cf note compensatory racial reapportionment stan rev pointing shortcomings several tests political strength including opportunity cast swing votes opportunity elect representative group litigation voting rights act federal courts developed familiarity problems identifying measuring dilution racial group voting strength concepts developed statutory purposes might applied adjudicating constitutional claims types political groups threshold showing harm may difficult adherents political party members racial group however number possible measures party strength including voter registration past performance one election contests see generally backstrom robins eller issues gerrymandering exploratory measure partisan gerrymandering applied minnesota rev jacobellis ohio professor dixon quite properly warns defining gerrymandering terms odd shapes see dixon democratic representation reapportionment law politics time however recognizes rule compactness contiguity used merely force explanation districts much merit see tribe american constitutional law oddity district shape coupled racial distribution population shift burden justification state reock measuring compactness requirement legislative apportionment midwest pol sci cf backstrom robins eller supra compactness standard eliminate gerrymandering may reduce band discretion available drawing district boundaries course possible dilute group voting strength even districts relatively compact engstrom supra see taylor new shape measure evaluating electoral district patterns pol sci rev compactness confused physical area stated reynolds sims modern developments improvements transportation communications make rather hollow claims deviations representation validly based solely geographical considerations arguments allowing deviations order insure effective representation sparsely settled areas prevent legislative districts becoming large availability access citizens representatives impaired today part unconvincing nevertheless although low population density may require geographically extensive districts different questions presented creation districts distorted shapes irregular indented boundaries one state statute state constitutions explicitly require districts compact two state statutes constitutions explicitly provide districts formed contiguous territory see congressional research service state constitutional statutory provisions concerning congressional state legislative redistricting june see clinton supra ineffective enforcement comment supra scholarly literature suggests number different mathematical measures compactness focusing different variables one relatively simple method measure relationship area district area smallest possible circumscribing circle see reock supra calculation particularly sensitive degree elongation given shape another simple method determine ratio figure perimeter circumference smallest possible circumscribing circle measurement well suited measuring degree indentation see schwartzberg reapportionment gerrymanders notion compactness rev measures compactness based aggregate distances district geometrical center gravity points see kaiser objective method establishing legislative districts midwest pol sci weaver hess procedure nonpartisan districting development computer techniques yale degree indentation boundaries nonconvex district see taylor supra aggregate length district boundaries see common cause toward system fair effective representation adams statute model state apportionment process continuing quest fair effective representation harv legis edwards supra walker one vote pursuit elusive ideal hastings const ratio maximum minimum diameters district morrill political redistricting geographic theory case smaller measurement compact district districts see also iowa acts ch setting forth alternative geometrical tests determining relative compactness alternative districting plans absolute value difference length width district ratio dispersion population population center district dispersion population geographic center district state political subdivisions oddly shaped boundaries adhering boundaries may detract geographical compactness see rev stat legislative explanations variations compactness caused shape county boundary lines census enumeration lines natural boundaries population density need retain compactness adjacent districts adams supra addition geographic compactness may differ sociopolitical compactness baker supra one geographer noted many regions population uneven perhaps strung along roads railroads travel may easier cheaper directions others elongated district astride major transport corridor might fact compact sense minimum travel time representative travel around district modified criterion ratio maximum minimum travel time preferred measure morrill supra kirkpatrick preisler correctly noted adherence subdivision boundaries prevent gerrymandering concerned state attempt justify population disparities policy adhering existing subdivision boundaries discussion directed toward partisan gerrymandering scheme relatively equipopulous districts extent dicta kirkpatrick reject notion respecting subdivision boundaries inhibit gerrymandering respectfully disagree see infra morrill supra see mahan howell backstrom robins eller supra morrill supra smaller population subdivision relative average district population dubious divide among two districts also particularly suspect divide particular political subdivision among two districts also contain territory subdivisions see wright rockefeller goldberg dissenting edwards supra new york congressional redistricting plan drawn majority party members legislative committee staff without participation member opposition party public hearings held plan released public day adoption approved straight vote single afternoon extraordinary session legislature governor signed bill day state may defend grounds element adequately shown example plaintiffs challenge based particular district districts state may able show group voting strength diluted state whole even group voting strength fact reduced previous plan may gerrymandered favor see generally backstrom robins eller supra discussing possible standards fair representation determining whether state carried burden justification give greater weight importance state interests consistency interests served size deviations thus share perspective implied discussion purported justifications kirkpatrick preisler given large number potentially affected political groups even neutral justifiable plan may well change position groups worse addition vote dilution inevitably result residential patterns see backstrom robins eller supra although state may course adduce factor defense plan criteria prima facie case demanding enough satisfied case every apportionment plan see mobile bolden stevens concurring judgment standard condemn every adverse impact one political groups without spawning dilution litigation judiciary manage quoting opinion justice frankfurter baker carr see gomillion lightfoot noting allegations abundantly establish act ordinary geographic redistricting measure even within familiar abuses gerrymandering tuskegee map gomillion excluded virtually republicans rather blacks city limits constitution also violated professor tribe gives comparably egregious numerical hypothetical example jurisdiction consisting republicans democrats subdivided randomly districts republicans probably elected six districts however malevolent democrats draw district lines precision might able isolate republicans one district win district elections margin one two votes thus capturing state legislature commanding popular vote tribe supra gomillion lightfoot supra indeed map described recent article entitled new jersey map imaginative gerrymander appearing congressional quarterly new jersey new congressional map gerrymander boasts bizarrely shaped districts found nation congressional quarterly quick glance congressional districting maps lends credence conclusion see official congressional directory commentator described thirteenth district manner effort create dumping ground republican votes troubling democrats hughes howard legislature established district stretches map philadelphia suburbs camden county new york suburbs monmouth county congressional quarterly oral argument observed likeness boundaries yet another district fourth shape running back tr oral arg congressional redistricting new jersey must also viewed national perspective republican party votes short absolute control congress shift population consequently congressional seats traditionally democratic urban industrial republican dominated redistricting process viewed republicans opportunity close vote margin perhaps even overcome entirely copies letter sent democratic legislators although circuit judge gibbons disagreed holding district case concluding paragraphs dissenting opinion unambiguously imply difficulty identifying case district lines drawn order disadvantage identifiable political group wrote apportionment map produced leaves citizen new jersey disturbed creates several districts anything compact least one district contiguous yachtsmen municipal boundaries maintained little effort create districts community interests districts example different television radio stations different newspapers different transportation systems serve northern southern localities moreover harshly partisan tone speaker christopher jackman letter ernest reock disedifying say least plain well partisanship produced artificial bulges appendages two districts place residences congressmen smith courter districts running incumbents case concerns congressional reapportionment new jersey districting plan enacted new jersey legislature signed law governor january pub ch reduced number congressional districts state required census figures congressional districts created legislature average deviation maximum deviation largest smallest districts words case concerns maximum difference individuals districts encompassing half million people new jersey plan invalidated divided district population variances unavoidable despite effort achieve absolute equality daggett kimmelman supp nj quoting kirkpatrick preisler today affirms district decision thereby striking first time experience legislative congressional districting plan average maximum population variance respectfully dissent unreasonable insistence unattainable perfection equalizing congressional districts decision today compelled kirkpatrick preisler supra white weiser see part infra convinced cases demand result reached today time arrived reconsider precedents event affirmance decision inconsistent majority modifications kirkpatrick white require minimum consideration case district see part iv infra achieving fair effective representation citizens concededly basic aim legislative apportionment reynolds sims one must suspend credulity believe draconian response trifling maximum deviation promotes fair effective representation people new jersey requirement nearly practicable one man vote congressional election worth much another wesbery sanders must understood light malapportionment time wesberry decided plaintiffs wesberry voters congressional district population encompassing atlanta three times larger georgia smallest district double size average district state reapportioned years atlanta district possessing georgia population congressmen georgia atypical congressional districts throughout country redrawn decades deviations rule substantial differences district size diminished real sense representativeness congressional elections invalidation profoundly unequal districts read demand precise mathematical equality districts indeed sensibly observed may possible draw congressional districts mathematical precision reynolds sims supra decided term disavowed requirement mathematical exactness legislative districts even explicit terms realize practical impossibility arrange legislative districts one identical number residents citizens voters mathematical exactness precision hardly workable constitutional requirement wesberry require kirkpatrick kirkpatrick ineluctably lead decision today although stated see nonarbitrary way pick de minimis point maximum deviation kirkpatrick small eight times large posed moreover deviation kirkpatrick argued fall within officially accepted range statistical imprecision census interestingly enough missouri redistricting plan approved kirkpatrick contained deviation virtually deviation declared unconstitutional case preisler secretary state missouri supp wd mo summarily aff sub nom danforth preisler accordingly view decision today foreordained kirkpatrick weiser apparently neither justice brennan staying district order wrote appeal thus appear present important question whether kirkpatrick preisler requires adoption plan achieves precise mathematical exactitude whether kirkpatrick left latitude new jersey legislature recognize considerations taken account basis choosing among several plans arguably statistically insignificant variances constitutional ideal absolute precision distribution undercount new jersey obviously also unknown see reason believe uniformly spread municipalities reasons one make congressional districts truly equal size one relies census counts meaningful rank one redistricting plan superior another differences district size small professional opinion districts whose enumerated populations differ one another less one percent considered equal size push numerical equality beyond point exercise illusion app accepting census districting plans based upon perfect represents backsliding commitment assuring fair equal representation election congress agree views judge gibbons dissented district kirkpatrick read prohibition toleration de minimis population variances statistically relevant effect relative representation daggett kimmelman deviation surely falls within category today decision simply produced unjustified standard little practical import bad enough unfortunately fear insistence de minimis population variations practicably avoided nonetheless meet standard art without justification ante invites litigation virtually every congressional redistricting plan nation least completed redistricting basis census adopted plans higher deviation presented others deviations quite similar new jersey course rationale even rhode island plan whose two districts deviation people subject constitutional attack cases state legislatures hard pressed justify preference selected plan effort achieve population equality enough population variances unavoidable must consider whether population differences reduced eliminated altogether ante assistance computers generally plan even minimal deviation mathematical ideal state must bear burden proving significant variance districts necessary achieve legitimate goal ante case illustrates literally variance districts considered significant state burden easily met state bears burden justifying differences particularity ante state fails sustain burden result generally must select alternative plan choice often disputed eve election see upham seamon per curiam leaving candidates voters state confusion way legislature bipartisan commission hope avoid litigation dismiss legitimate concerns opt automatically districting plan smallest deviation yet one seriously contend inflexible insistence upon mathematical exactness serve promote fair effective representation likely result today extension kirkpatrick move closer fulfilling justice fortas prophecy legislature might ignore boundaries common sense running congressional district line middle corridor apartment house even dividing residents house two districts sterile mechanistic application brings principle one man one vote disrepute ii one might expect strong reasons force sisyphean task upon yet offers positive virtues follow decision pretense made case follows path reynolds wesberry insuring fair effective representation citizens effort expended show art requirement congressmen elected people wesberry sanders demands invalidation population deviations level absolute requirement exist irreconcilable recognition certain justifications population variances see ante given express constitutional basis holding showing objectives fair representation compromised minimal disparities normal course uphold actions legislature fulfilling constitutionally delegated responsibility prescribe manner holding elections senators representatives art keeping recognition apportionment primarily matter legislative judgment upham seamon supra white weiser reynolds sims state legislature institution far best situated identify reconcile traditional state policies within constitutionally mandated connor finch instead purely defensive support decision refuses adopt fixed numerical standard federal courts intervene asserting principle population equality congressional districts proved unjust socially economically harmful experience ante course principle population equality unjust unreasonable application principle rub leaving aside principle never applied vengeance witnessed today many including take issue assumption kirkpatrick success first decade experience kirkpatrick shown rule absolute equality perfectly compatible gerrymandering worst sort wells rockefeller harlan dissenting ever sophisticated computers legislators draw countless plans absolute population equality political ramifications although neither rule absolute equality one substantial equality alone prevent deliberate partisan gerrymandering former offers legislators ready justification disregarding geographical political boundaries remain convinced said dissent kirkpatrick wells decisions downgrade restraint far greater potential threat equality representation gerrymander legislatures intent minimizing representation selected political racial groups invited ignore political boundaries compact districts long adhere population equality among districts using standards know know sometimes quite incorrect evidence justice harlan correct predict ven past district lines likely drawn maximize political advantage party temporarily dominant public affairs addition providing patina respectability equipopulous gerrymander kirkpatrick regime assured extensive intrusion judiciary legislative business apportionment task dealing must fundamental choices nature representation burns richardson primarily political legislative process gaffney cummings said gaffney respect legislative reapportionment apropos 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 ibid ultimately seeks refuge stare decisis slight respect doctrine due see white weiser least ironic find stare decisis invoked protect kirkpatrick proceeds overrule holdings decision kirkpatrick squarely rejected argument slight variances district size proper order avoid fragmenting political subdivisions find legally acceptable argument variances justified necessarily result state attempt avoid fragmenting political subdivisions drawing congressional district lines along existing county municipal political subdivision boundaries yet today mention contrary holdings kirkpatrick opines number consistently applied legislative policies might justify variance including instance making districts compact respecting municipal boundaries preserving cores prior districts avoiding contests incumbent representative ante course welcome overruling holdings kirkpatrick question state legislatures may account political geographic boundaries order preserve traditional subdivisions achieve compact contiguous districts justice stevens recognizes courts give greater weight importance state interests consistency interests served size deviations ante thus majority appears ready apply new standard strong measure deference legitimate concerns state post powell dissenting order legislatures room accommodate legitimate noncensus factors range de minimis population deviation like permitted legislative reapportionment cases required insistence every deviation matter small justified specificity discourages legislatures considering legitimate factors making plans lest justification found wanting plan invalidated judicially drawn substitute put place moreover requirement precise mathematical equality continues invite bury political opposition employ equipopulous gerrymanders de minimis range preclude gerrymanders least force political cartographer justify work terms iii cases dealing state legislative apportionment taken sensible approach recognized certain small deviations ordinarily constitute prima facie constitutional violation gaffney cummings white regester moreover upheld plans reasonable variances necessary account political subdivisions mahan howell preserve voting strength minority groups insure political fairness gaffney cummings supra held gaffney cummings legislative apportionment fully applicable congressional redistricting achieving fair effective representation citizens 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 unrealistic overemphasis raw population figures mere nose count districts may submerge considerations furnish ready tool ignoring factors operation important acceptable representation apportionment arrangement hold new jersey plan model reflection interests nevertheless deviation involved de minimis regardless infirmities plan may constitutional otherwise violation art sole issue us course different matter appellees demonstrate new jersey plan invidiously discriminated racial political group see white regester supra gaffney cummings supra whitcomb chavis gomillion lightfoot iv even view law correct disposition case minimum vacate decision district remand consideration previously indicated finally recognizes today considerations respecting political subdivisions avoiding contests incumbent representatives might justify small population variances indeed indicates number consistently applied legislative policies might ante evidence record suggest new jersey legislature concerned considerations notes many problems new jersey legislature encountered drawing districts equal population stemmed decision divide municipalities two congressional districts ante even evidence record state given chance defend plan basis surely rely fact appellants advanced one justification plan population deviations preserving voting strength racial minority groups relying kirkpatrick white weiser supra appellants doubt concluded justifications foreclosed introduction proof futile variances among districts wesberry sanders harlan dissenting recognized significance fact enormous variations district size issue early legislative apportionment cases gaffney cummings district courts upheld selected plans similar deviations see doulin white supp ed ark ordered implementation plan deviation despite alternative plan deviation bureau census users guide census population housing mar national academy sciences estimated national undercount census panel decennial census plans counting people appraisal census plans one estimate undercount error census likely million people nationwide app trussel may high million passel siegel robinson coverage national population census age sex race preliminary estimates demographic analysis record doc professing ssum purposes argument trussel statements correct ante proceeds following paragraph denigrate calculation guesswork margin statistical imprecision undercounting persons known precisely failure quantify uncertainty exactly excuse pretending exist question whether range error deviation hand larger question academic practical moreover fixed benchmark required margin error officially recognized census bureau last estimated easily selected also makes much fact precise amount variation undercounting among districts known certainty relevant point however variances make impossible determine statistical confidence whether opting plan smallest maximum deviation ameliorating aggravating actual equality population among districts addition count individuals per district depends upon census bureau selection geographic boundaries group data data census compiled congressional districts equating component census geographic areas district summing data areas coded district smallest census geographic area split congressional district boundary census maps area reviewed determine district majority population fell entire area coded district bureau census congressional districts congress preliminary draft thus completely aside undercounting effects obvious even absolute numerical equality census figures congressional districts reflect districts equal size finally dismisses entire concept statistical error sophistic comment ven one say certainty one district larger another merely higher census count one say certainty district larger census count likely larger district smaller size ante degree certainty however speculative relevant consideration whether district four larger district six much larger much less larger selected plan alternative plan moreover variable undercounting differences census units district lines may result districts higher maximum deviations general point numbers become small makes sense concentrate ever finer gradations one even certain whether increases decreases actual population variances new jersey example population growth enlarged districts congressional districts lost population bureau census congressional districts congress see also gaffney cummings justice stevens makes point given birth rate mortality rate transient character modern society acknowledged errors census know differences may vanish date census date next election absolute population equality impossible achieve ante concurring opinion new jersey example population years old differs significantly among congressional districts district individuals district bureau census state metropolitan area data book see also gaffney cummings supra throughout nation approximately voting age population registers vote bureau census state metropolitan area data book result factors well failure many registered voters cast ballots weight citizen vote one district inevitably different others example total number votes cast new jersey congressional races differed significantly districts ranging district district congressional quarterly larger deviations indiana alabama tennessee georgia virginia north carolina new york kentucky washington massachusetts new mexico arkansas similar maximum deviations ohio nevada oklahoma west virginia council state governments national conference state legislatures reapportionment information update language suggests must maximum variance plan supported also every deviation absolute equality must justified ante consider staggering nature burden imposed population difference two districts state must justified apparently even none plans legislature commission reduced difference see infra even choosing plan smallest deviation legislature commission assured avoiding constitutional challenge case find deviation avoidable plans new jersey legislature smaller maximum variations counter appellants position supported evidence record alternative plans disqualifying faults instead tries hand redistricting new jersey concludes moving around new jersey subdivisions maximum deviation reduced ante message state legislatures clear enough chosen plan superior actual plans introduced alternatives plan must also better conceivable alternative federal judge devise unlike population deviations political gerrymandering lend arithmetic proof nevertheless reviewing recent redistricting throughout country one commentator offered following assessment nobly aimed principle coming increasing use weapon state legislators bent partisan gerrymandering california new jersey points republicans democrats alike justifying highly partisan remaps demonstrating respect mandate population congressional districts within must made equal possible meanwhile interests stake redistricting preservation community boundaries grouping constituencies similar concerns brushed aside emphasis permits gerrymandering encourages many impossible approach population equality without crossing city county township lines legislature recognizes move must made short step drawing line dances jaggedly every region state local interests informed longer legally permissible draw congressional map far less likely object past decision reject tiny deviation favor even smaller one may encourage hairsplitting numbers game given rise partisan gerrymanders country congressional quarterly state politics redistricting eyes commentators experience new york aftermath wells rockefeller instructive subsequent congressional districting new york became possible prototype gerrymander whereas former district pattern nullified result bipartisan compromise major party controlling one house republicans held legislative houses well governorship assistant counsel senate majority leader chief coordinator redistricting candidly remarked making gerrymandering easier used new york city subjected major cartographic surgery upstate cities also fragmented portions joined suburban rural areas attempt dilute concentrations democrats baker yet new plan district deviated persons average configuration district boundaries revealed generally compact contiguous contours baker gerrymandering privileged sanctuary next judicial target reapportionment polsby ed ironically david wells plaintiff successfully challenged former district pattern returned federal february ask old plan restored see dixon one man one vote happens next nat civic rev see also mahan howell brennan concurring part dissenting part decisions made clear certain state interests pertinent legislative reapportionment possible relevance congressional districting thus need preserve integrity political subdivisions political subdivisions may instances justify small variations population districts state legislators elected interest hardly asserted justification malapportioned congressional districts kirkpatrick preisler supra law developed congressional cases rooted art constitution legislative cases rely upon equal protection clause fourteenth amendment aware however anything respective provisions justifies let alone requires difference treatment emerged two lines decisions early cases frequently formulation nearly equal population practicable appears reynolds sims well wesberry sanders differing paths cases taken since kirkpatrick must result decision rejection legitimacy considering nonpopulation factors congressional redistricting see mahan howell brennan concurring part dissenting part today overruling holding kirkpatrick remaining justification disappears marked difference approach congressional legislative reapportionment experience legislative apportionment field following allowance range de minimis variance convincing proof need fear goal equal population districts receive less due justice brennan prediction tolerating de minimis population variances jeopardize substantial gains made equalizing legislative districts white regester concurring part dissenting part proved indeed prediction refuted analysis legislative redistricting undertaken census see council state governments national conference state legislatures reapportionment information update see feldman deposition record doc concern fairness incumbents jackman deposition record doc concern preserving political subdivisions justice powell dissenting join justice white excellent dissenting opinion reaffirm previously expressed doubt constitution vital living charter nearly two centuries wise flexibility key provisions read require rule mathematical exactitude legislative reapportionment white weiser concurring opinion write separately express additional thoughts gerrymandering relation apportionment factors presumably thought relevant kirkpatrick preisler following kirkpatrick today invalidates new jersey redistricting plan solely various alternative plans principally one proposed professor reock views appreciably smaller population deviations largest smallest districts ante plans maximum population variances view differences neither appreciable constitutionally significant justice white demonstrates ante dissenting opinion insistence precise mathematical equality given inherent inaccuracies census data difficulties measuring voting population district exist period years see kirkpatrick supra fortas concurring pursuit precise equality search moreover become clear kirkpatrick leaves room proper legislative consideration factors preservation political geographic boundaries plainly relevant rational reapportionment decisions see gaffney cummings mahan howell justice white correctly observes ante decade experience confirmed fears kirkpatrick dissenters uncompromising emphasis numerical equality serve encourage legitimate even outrageously partisan gerrymandering see harlan dissenting white dissenting plain fact computer age type political discriminatory gerrymandering accomplished entirely consistently districts equal population therefore continue believe constitution permits variations theoretical exactitude recognition impracticality applying kirkpatrick rule well deference legitimate state interests white weiser supra powell concurring certainly state adopted districting plan average population deviation maximum deviation complied constitution mandate population apportioned equally among districts ii extraordinary map new jersey congressional districts see ante following prompts comment separate question gerrymandering deliberate arbitrary distortion district boundaries populations partisan personal political purposes kirkpatrick supra fortas concurring full agreement justice white observation decade ago gerrymandering presents far greater potential threat equality representation state failure achieve precise adherence admittedly inexact census figures wells rockefeller dissenting opinion also believe injuries result gerrymandering may rise constitutional dimensions justice stevens observes state electoral rules serve purpose favor one segment whether racial ethnic religious economic political may occupy position strength particular point time disadvantage politically weak segment community violate constitutional guarantee equal protection ante concurring opinion moreover gerrymandering produces districts without regard political subdivision natural historical boundary lines reynolds sims result profoundly destructive apportionment goal fair effective representation legislator represent constituents properly voters fragmented district exercise ballot intelligently voting district nothing artificial unit divorced indeed often conflict various communities established state map attached opinion illustrates far better words describe therefore prepared entertain constitutional challenges partisan gerrymandering reaches level discrimination described justice stevens see ante concurring opinion suggest shape districting map invariably dispositive irregularity shape inevitable degree irregularity depending primarily geographic political boundaries within state well distribution population moreover political considerations even partisan ones inherent democratic system therefore attemp impossible task extirpating politics essentially political processes sovereign gaffney finally suggest legislative reapportionment plan invalid whenever alternative plan might viewed less partisan accord various apportionment criteria state legislature necessarily must discretion accommodate competing considerations believe however constitutional mandate fair effective representation reynolds supra proscribes apportionment plans purpose effect substantially disenfranchising identifiable groups voters generally presumptive existence unconstitutional discrimination indicated districting plan boundaries appear face bear little relationship legitimate state purpose justice stevens dramatically irregular shapes may sufficient probative force call explanation ante concurring opinion drastic departures compactness signal something may amiss ante xtensive deviation established political boundaries another possible basis prima facie showing gerrymandering ibid circumstances state required provide legitimate nondiscriminatory explanation districting lines drawn see reynolds supra apportionment presented little crazy quilts completely lacking rationality found invalid basis alone case one rationally believe new jersey legislature considered factors partisan political goals population equality hardly suggested example contorted districts reflect attempt follow natural historical local political boundaries district lines reflect consideration likely effect quality representation boundaries artificial likely confound congressmen judge gibbons stated eloquently dissent apportionment map produced leaves citizen new jersey disturbed creates several districts anything compact least one district contiguous yachtsmen municipal boundaries maintained little effort create districts community interests districts example different television radio stations different newspapers different transportation systems serve northern southern localities moreover harshly partisan tone speaker christopher jackman letter ernest reock disedifying say least plain well partisanship produced artificial bulges appendages two districts place residences congressmen smith courter districts running incumbents daggett kimmelman supp nj holds ny number consistently applied legislative policies might justify variance including instance making districts compact respecting municipal boundaries preserving cores prior districts avoiding contests incumbent representatives ante although remarkable thus silently discards important features kirkpatrick simultaneously invoking stare decisis defend remainder decision see ante white dissenting welcome change law hoped new standard applied strong measure deference legitimate concerns state see ante stevens concurring recognizing courts give greater weight importance state interests consistency interests served size deviations illustration recent congressional redistricting illinois illinois legislature failed enact reapportionment plan district chose among four plans varying maximum deviation following kirkpatrick majority chose plan smallest deviation one democratic plan designed maximize democratic voting strength expense republicans see illinois congressional districts reapportionment cases nd summarily aff sub nom ryan otto commentator noted democratic victory due part sophisticated computer program made possible creation districts almost exactly equal population populous district people least populous one accuracy seemed impress expressed concern new district lines divided cities carved counties state illinois map unpleasant surprise gop congressional quarterly cases also illustrate additional unfortunate side effect kirkpatrick increasing tendency state legislators governors learned redistricting plan vulnerable attack anyone complaint calculator ante white dissenting spurn compromise favor simply drawing partisan plan appears consistent population equality criterion longer federal district courts merely review constitutionality state redistricting plan rather many cases placed position choosing redistricting plan first instance carstens lamm supra district noted preserving entire city one voting district facilitated voter identity voters know city county live fewer likely know congressional district live districts split counties cities voter knows congressional district likely know representative presumably lead informed voting also likely lead representative knows needs district responsive may noted example plan adopted new jersey feldman plan divided state counties fragments plan proposed professor reock introduced assemblyman hardwick created county fragments existing congressional districts divided counties fragments see app appendix affidavit samuel alito executive director office legislative services new jersey legislature