white weiser argued february decided june texas enacted senate bill one providing congressional redistricting state divided districts average deviation ideal district maximum deviation ideal appellees alleged reapportionment violated constitutional rights art submitted plan although cutting across county lines generally followed district lines plan total maximum deviation shortly hearing appellees submitted alternatively plan scheme total maximum deviation substantially disregarded configuration districts using population consideration district found unconstitutional ordered adoption plan compact contiguous plans held although percentage deviations smaller invalidated kirkpatrick preisler wells rockefeller unavoidable districts mathematically equal reasonably possible argument variances justified necessarily result state attempt avoid fragmenting political subdivisions drawing district lines along existing political subdivision lines legally acceptable kirkpatrick supra pp though drawing district boundaries way minimizes number contests present incumbents establish invidiousness burns richardson necessary decide whether state interest justify deviations since plan serves purpose well less population variance pp population variances invidiously devalue individual vote point level size especially noticeable congressional districts substantial populations pp plan greater extent plan eliminating population variances adhered districting preferences state legislature primary jurisdiction legislative reapportionment pp white delivered opinion part members joined part ii burger douglas brennan stewart blackmun powell rehnquist joined powell filed concurring opinion burger rehnquist joined post marshall filed opinion concurring part part ii opinion post charles black argued cause appellant briefs crawford martin former attorney general texas john hill attorney general john barron first assistant attorney general samuel mcdaniel lawrence fischman argued cause appellees brief david rosenberg douglas mcguire filed brief appellees van henry archer et al justice white delivered opinion case concerns congressional reapportionment state texas june governor state texas signed law senate bill one tex acts called providing congressional redistricting state divided state congressional districts ensuing decennium based upon census figures absolute population equality among districts mean population district districts created varied high district low district district exceeded ideal district district smaller population difference two districts persons total percentage deviation ratio district average deviation districts ideal district persons october appellees residents congressional districts filed suit district northern district texas appellant secretary state texas chief election officer state appellees alleged reapportionment texas congressional seats embodied violated rights art equal protection clause fourteenth amendment requested injunction use order requiring new apportionment use plan submitted complaint elections plan appended appellees original complaint came called plan generally followed redistricting pattern however district lines adjusted necessary achieve smaller population variances among districts plan created districts varying total absolute deviation largest smallest district persons district exceeded ideal district four ideal total percentage deviation although plan followed district lines possible order achieve maximum population equality plan cut across county lines convened january several days prior scheduled hearing case appellees filed amended complaint suggesting alternative plan came called plan plan unlike plan substantially disregarded configuration districts instead authors plan frankly admitted district found plan represented attempt attain lower deviations without regard consideration population districts plan varied population high low difference persons largest district overpopulated smallest underpopulated total percentage deviation plan districts greater deviations plan eight districts deviations equal found plan two districts deviations smaller plan january district heard argument received evidence various depositions next day announced decision relying upon decision kirkpatrick preisler district declared unconstitutional enjoined appellant conducting permitting primary general elections based upon districts established district ordered adoption plan plan congressional districts state texas noting order entered without prejudice legislative executive branches state texas proceed consideration adoption constitutionally permissible plan congressional redistricting called regular session legislature district retained jurisdiction purposes considering plan might adopted legislature state texas congressional reapportionment enacted based twentieth decennial census conducted application appellant granted stay order district congressional elections therefore conducted plan embodied noted probable jurisdiction appeal command art representatives chosen people several elucidated wesberry sanders kirkpatrick preisler permit population variances among congressional districts unavoidable despite effort achieve absolute equality justification shown see also wells rockefeller kirkpatrick wells invalidated state reapportionment statutes providing federal congressional districts total percentage deviations respectively cases concluded deviations demonstrate effort achieve absolute equality sufficiently justified percentage deviations us smaller invalidated kirkpatrick wells agree district standards cases unavoidable districts mathematically equal reasonably possible plans demonstrate much state really dispute also kirkpatrick wells 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 kirkpatrick preisler supra state asserts variances present nevertheless represent efforts state promote relations policy frankly aimed maintaining existing relationships incumbent congressmen constituents preserving seniority members state delegation achieved house representatives disparage interest context state reapportionment said fact district boundaries may drawn way minimizes number contests present incumbents establish invidiousness burns richardson cf gaffney cummings ante need decide whether state interest sufficient justify deviations issue plan admittedly serves purpose well adhering closely population equality population variations therefore necessary achieve asserted state goal district correct rejecting appellant also straightforwardly argues kirkpatrick wells modified require small population variances among congressional districts involved case justified state urged absent proof invidiousness population variances among districts violate art clear however point level size population variances import invidious devaluation individual vote represent failure accord fair effective representation appellant concedes locate line differently kirkpatrick wells keeping mind congressional districts intertwined freighted strictly local interests state legislative districts compared latter relatively enormous percentage point variation representing almost people inclined disturb kirkpatrick wells particularly light mahan howell decided earlier term reiterated wesberry kirkpatrick wells line cases continue govern congressional reapportionments although holding rigor rule cases inappropriate state reapportionments challenged equal protection clause fourteenth amendment ii district properly rejected plan plan remains question whether correctly chose implement latter plan adhered basic district configurations found adjusted district lines necessary order achieve maximum population equality among districts district plan contained generally counties equivalent district plan hand based entirely upon population considerations made attempt adhere district configurations found plans submitted district appellees deciding unacceptable district ordered implementation plan announcing decision said plan based solely population significantly compact contiguous either plan considered plans concludes plan best effectuates principle one man one vote enunciated beginning recognized reapportionment primarily matter legislative consideration determination judicial relief becomes appropriate legislature fails reapportion according federal constitutional requisites timely fashion adequate opportunity reynolds sims see also opinion stewart adhered view state legislatures primary jurisdiction legislative reapportionment see maryland committee fair representation tawes davis mann roman sincock burns richardson ely klahr whitcomb chavis minnesota state senate beens mahan howell federal district context legislative reapportionment follow policies preferences state expressed statutory constitutional provisions reapportionment plans proposed state legislature whenever adherence state policy detract requirements federal constitution hold district similarly honor state policies context congressional reapportionment fashioning reapportionment plan choosing among plans district legislative task intrude upon state policy necessary whitcomb chavis supra clear plan greater extent plan adhered desires state legislature attempting achieve population equality among districts duly enacted statute state texas established state congressional districts locations configurations found appropriate duly elected members two houses texas legislature often noted reapportionment complicated process districting inevitably sharp political impact inevitably political decisions must made charged task see gaffney cummings ante decisions made legislature pursuit deemed important state interests decisions unnecessarily put aside course fashioning relief appropriate remedy held impermissible population variations congressional districts plan parties concede represented attempt adhere districting preferences state legislature eliminating population variances indeed plan achieved goal population equality greater extent plan despite existence plan district ordered implementation plan conceded parties ignored legislative districting policy constructed districts solely basis population considerations district erred choice given alternatives imposed plan different political impact state implemented plan clearly approximated reapportionment plan state legislature satisfying constitutional requirements said plan significantly compact contiguous plan plan plan feature contiguous districts even districts plan called compact district preferences override whatever state goals embodied derivatively plan remedial powers equity must adequate task unlimited district erred broadly brushing aside state apportionment policy without solid constitutional equitable grounds whitcomb chavis supra good reason adopting plan rather plan district failed state course district defer state policy fashioning relief policy consistent constitutional norms vulnerable legal challenge district name state policy refrain providing remedies fully adequate redress constitutional violations adjudicated must rectified district suggest hold legislative policy districting preserve constituencies congressional incumbents unconstitutional even undesirable repeat said context state legislative reapportionment fact district boundaries may drawn way minimizes number contests present incumbents establish invidiousness burns richardson cf gaffney cummings ante taylor mckeithen note appellees submitted plan district defended basis adhered state goals embodied eliminating impermissible deviations judgment district invalidating affirmed adoption plan however reversed case remanded proceedings consistent opinion ordered footnotes redistricting texas congressional districts follows absolute variance variance district population ideal ideal subsequent pretrial conference fourteenth amendment claims eliminated plan resulted following districting absolute variance district population ideal plan resulted following districts absolute variance district population ideal district entire discussion reasons selecting plan follows defendant submitted plan reapportionment alternative plaintiffs proposed two plans plan based significantly lower deviation plan based solely population significantly compact contiguous either plan considered plans well plan submitted intervening plaintiffs concludes plan best effectuates principle one man one vote enunciated district order also granted leave intervene van henry archer chairman bexar county republican party others intervenors appellees filed suggested reapportionment plan rejected district pressed district also retained jurisdiction purpose extending impending february filing date congressional candidates event made known district called session legislature include congressional reapportionment however governor refused call special session legislature kirkpatrick preisler reject ed missouri argument fixed numerical percentage population variance small enough considered de minimis satisfy without question nearly practicable standard concluded unless population variances among congressional districts shown resulted despite effort state must justify variance matter small prior passage texas house twice passed congressional reapportionment bill lower deviations bill total deviation although bills ultimately defeated senate passage house indeed existence indicates possible practicable construct redistricting scheme lower population deviations among districts embodied appellant earnestly submits term relations accurate term indeed hard see concerned representation stigmatize mere euphemism term brings parties representational relationship assumptions seem congressman may like job constituency like congressman care whether continues represent congressman possibly learn know constituency well enough serve better serve another constituency selected may young mathematician dallas either name appellant defend motive entirely proper burden defense fell upon facts herein brief appellant appears two plans passed house defeated senate may also fostered goal achieving lower population variances appellant contends authors legislature passing plan took account projected population shifts among districts remembering congressional districting plan effect least years five congressional elections appellant argues legislature might properly consider population changes devising redistricting plan kirkpatrick preisler recognized shifts predicted high degree accuracy redistricting may properly consider however careful note mean open avenue subterfuge findings population trends must thoroughly documented applied throughout state systematic ad hoc manner ibid present case conclude texas attempt justify deviations found falls far short standard record barren exception scattered vague assertions deposition testimony adequate documentation projected population shifts firm evidence alleged shifts fact relied upon also suggestion passage preceded dispute fill second district congressional seat state urge alleged goal justification deviations tell record whether fact resolved dispute plan submitted possibly plans plan plan appear seriously urged parties considered plans defended plan presented appellees merely took plan legislature adjusted plan achieve greater equality present graphic manner legislature done disposed make attempt population equality brief appellees appellees amended complaint explained plan follows legislature desired enact statute consonant mandate article constitution plan made district compact contiguous nearly equal population district practicable taking account solely population taking account social cultural economic factors including preservation incumbent congressman enacted plan substantially similar plan set forth exhibit annexed hereto herewith incorporated reference though set forth length herein plan hereinafter referred plan conceded also sought adherence county lines plan admittedly cuts county lines plan also achieves lower deviations plan plan required fracture political boundaries order achieve population equality among districts appellant contend plan unacceptable cutting county lines justice powell chief justice justice rehnquist join concurring member kirkpatrick preisler wells rockefeller decided thought constitution vital living charter nearly two centuries wise flexibility key provisions read require rule mathematical exactitude legislative reapportionment moreover dissenting opinions justices harlan white concurring opinion justice fortas cases demonstrated well exactitude required majority displayed serious misunderstanding practicalities legislative reapportioning processes nothing occurred since kirkpatrick wells reflect adversely soundness view dissenting perceptions indeed recent opinions mahan howell gaffney cummings ante white regester ante strengthen case attempting hold reapportionment scheme state congressional precision recent cases allowed modest variations theoretical exactitude recognition impracticality applying kirkpatrick rule well deference legitimate state interests however may kirkpatrick virtually indistinguishable case unless decides reconsider decision follow accordingly join opinion justice stewart joined justice harlan opinion justice marshall concurring part join part opinion agree part ii wherein reverses district selection plan plan insofar determination rests upon fact plan comes closer plan achieving goal precise mathematical equality see kirkpatrick preisler see also wells rockefeller whatever merits view legislature reapportionment plan struck merely district boundaries may drawn way minimizes number contests present incumbents burns richardson entirely another matter suggest federal district determined particular reapportionment plan fails comport constitutional requirement one man one vote must drafting adopting remedial plan give consideration apparent desires controlling state political powers opinion judicial remedial process reapportionment area area fastidiously neutral objective one free political considerations guided controlling constitutional principle strict accuracy representative apportionment district gave ample recognition legislature primary responsibility area apportionment added redistricting order without prejudice legislative executive branches state texas proceed consideration adoption constitutionally permissible plan congressional redistricting called regular session legislature state texas nevertheless district failed adhere strictly principle mathematical precision selecting plan plan choice plan must reversed see maryland committee fair representation tawes ely klahr burns richardson