growe
emison
argued
november
decided
february
shortly
group
minnesota
voters
filed
state
action
minnesota
secretary
state
election
officials
appellee
voters
filed
similar
action
essentially
officials
federal
district
suits
alleged
light
census
results
state
congressional
legislative
districts
malapportioned
violation
federal
state
constitutions
federal
suit
contained
additional
claim
current
districts
diluted
vote
minority
groups
minneapolis
violation
voting
rights
act
suits
sought
declaration
current
districts
unlawful
judicial
construction
new
districts
state
legislature
failed
act
state
legislature
adopted
new
legislative
districting
plan
contained
numerous
drafting
errors
second
federal
action
filed
raising
constitutional
challenges
new
legislative
districts
two
federal
suits
consolidated
district
set
deadline
legislature
act
redistricting
plans
refused
abstain
defer
state
proceedings
state
found
new
legislative
districts
defective
drafting
errors
issued
preliminary
legislative
redistricting
plan
correcting
errors
held
abeyance
pending
action
legislature
state
take
additional
action
district
stayed
state
proceedings
vacated
stay
governor
vetoed
legislature
effort
correct
defective
legislative
redistricting
plan
adopt
new
congressional
districts
state
issued
final
order
adopting
legislative
plan
held
hearings
congressional
plans
submitted
parties
state
issue
congressional
plan
however
district
adopted
redistricting
plans
legislative
congressional
permanently
enjoined
interference
state
implementation
plans
district
found
effect
state
legislative
plan
violated
voting
rights
act
contain
minority
senate
district
plan
contained
district
designed
create
majority
composed
least
three
separately
identifiable
minority
groups
held
district
erred
deferring
state
timely
efforts
redraw
legislative
congressional
districts
primary
duty
responsibility
perform
task
federal
courts
must
defer
action
state
legislative
judicial
branch
begun
timely
fashion
address
issue
scott
germano
absent
evidence
branches
timely
perform
duty
federal
affirmatively
obstruct
permit
federal
litigation
impede
state
reapportionment
judged
principles
district
erred
several
respects
set
deadline
reapportionment
directed
state
legislature
instead
legislature
courts
issued
injunction
treated
state
provisional
legislative
plan
interfering
reapportionment
process
failed
give
state
final
order
adopting
legislative
plan
legal
effect
principles
federalism
comity
embodied
full
faith
credit
statute
actively
prevented
state
issuing
congressional
plan
although
appears
state
prepared
pp
district
erred
conclusion
state
legislative
plan
violated
voting
rights
act
three
prerequisites
identified
thornburg
gingles
necessary
establish
claim
respect
multimember
districting
plan
minority
group
sufficiently
large
geographically
compact
constitute
majority
district
minority
political
cohesion
majority
bloc
voting
enables
defeat
minority
preferred
candidate
also
necessary
establish
claim
respect
district
present
case
even
making
dubious
assumption
minority
voters
geographically
compact
record
contains
statistical
anecdotal
evidence
majority
bloc
voting
minority
political
cohesion
among
distinct
ethnic
language
minority
groups
district
combined
new
district
gingles
preconditions
ignored
record
unattainable
pp
scalia
delivered
opinion
unanimous
john
tunheim
chief
deputy
attorney
general
minnesota
argued
cause
appellants
briefs
hubert
humphrey
iii
attorney
general
jocelyn
olson
assistant
attorney
general
john
french
michael
cheever
peter
wattson
alan
weinblatt
solicitor
general
starr
argued
cause
amicus
curiae
urging
reversal
brief
assistant
attorney
general
dunne
deputy
solicitor
general
roberts
acting
deputy
assistant
attorney
general
simon
jessica
dunsay
silver
bruce
willis
argued
cause
appellees
brief
mark
peterson
robert
wallace
jeffrey
wice
filed
brief
congressman
martin
frost
et
al
amicus
curiae
urging
reversal
justice
scalia
delivered
opinion
case
raises
important
issues
regarding
propriety
district
pursuing
reapportionment
minnesota
state
legislative
federal
congressional
districts
face
minnesota
state
litigation
seeking
similar
relief
regarding
district
conclusion
state
legislative
plan
violated
voting
rights
act
stat
amended
january
group
minnesota
voters
filed
state
action
minnesota
secretary
state
officials
responsible
administering
elections
claiming
state
congressional
legislative
districts
malapportioned
violation
fourteenth
amendment
federal
constitution
article
minnesota
constitution
cotlow
growe
plaintiffs
asserted
federal
census
results
revealed
significant
change
distribution
state
population
requested
declare
current
districts
unlawful
draw
new
districts
legislature
failed
february
parties
stipulated
light
new
census
challenged
districting
plans
unconstitutional
minnesota
appointed
special
redistricting
panel
composed
one
appellate
judge
two
district
judges
preside
case
march
second
group
plaintiffs
filed
action
federal
essentially
defendants
raising
similar
challenges
congressional
legislative
districts
emison
growe
civ
emison
plaintiffs
include
members
various
racial
minorities
addition
raised
objections
legislative
districts
voting
rights
act
alleging
districts
needlessly
fragmented
two
indian
reservations
divided
minority
population
minneapolis
suit
sought
declaratory
relief
continuing
federal
jurisdiction
legislative
efforts
develop
new
districts
panel
appointed
pursuant
federal
state
actions
getting
underway
minnesota
legislature
holding
public
hearings
designing
new
legislative
districts
may
adopted
new
legislative
districting
plan
chapter
supp
repealed
prior
apportionment
soon
recognized
chapter
contained
many
technical
errors
mistaken
compass
directions
incorrect
street
names
noncontiguous
districts
instances
double
representation
august
committees
legislature
prepared
curative
legislation
senate
file
house
file
collectively
senate
file
legislature
adjourned
late
may
due
reconvene
january
later
august
another
group
plaintiffs
filed
second
action
federal
minnesota
secretary
state
benson
growe
benson
plaintiffs
include
republican
minority
leaders
minnesota
senate
house
raised
federal
state
constitutional
challenges
chapter
voting
rights
act
allegations
benson
action
consolidated
emison
suit
cotlow
plaintiffs
well
minnesota
house
representatives
state
senate
intervened
legislature
session
committees
proposed
curative
measures
chapter
pending
state
cotlow
considering
many
issues
district
granted
defendants
motion
defer
proceedings
pending
action
minnesota
legislature
denied
however
defendants
motion
abstain
light
cotlow
suit
allow
state
first
review
legislative
action
legislature
failed
act
allow
state
first
issue
redistricting
plan
district
set
january
deadline
state
legislature
action
redistricting
plans
appointed
special
masters
develop
contingent
plans
event
legislature
failed
correct
chapter
reapportion
minnesota
eight
congressional
districts
meanwhile
cotlow
panel
concluded
october
chapter
applied
written
drafting
errors
violated
state
federal
constitutions
invited
parties
submit
alternative
legislative
plans
based
chapter
also
directed
parties
submit
written
arguments
chapter
violations
voting
rights
act
late
november
state
issued
order
containing
preliminary
legislative
redistricting
plan
essentially
chapter
technical
corrections
though
stylistic
corrections
contained
senate
file
since
party
responded
order
concerning
voting
rights
act
violations
concluded
chapter
run
afoul
act
proposed
putting
plan
effect
january
legislature
acted
two
weeks
later
argument
cotlow
panel
indicated
release
revised
final
version
legislative
redistricting
plan
days
early
december
state
issued
final
plan
district
stayed
proceedings
cotlow
case
enjoined
parties
action
attempting
enforce
implement
order
minnesota
special
redistricting
panel
proposed
adoption
reapportionment
plan
relating
state
redistricting
congressional
redistricting
app
juris
statement
explained
action
necessary
prevent
state
interfering
legislature
efforts
redistrict
district
jurisdiction
mentioned
emison
voting
rights
act
allegations
grounds
issuing
injunction
found
necessary
aid
jurisdiction
see
one
judge
dissented
four
days
later
state
issued
order
containing
final
legislative
plan
subject
district
injunction
still
conditioned
legislature
failure
adopt
lawful
plan
order
provided
subject
district
injunction
congressional
redistricting
plans
submitted
obstacle
district
injunction
removed
january
upon
application
cotlow
plaintiffs
vacated
injunction
legislature
reconvened
january
houses
approved
corrections
chapter
contained
senate
file
also
adopted
congressional
redistricting
plan
legislative
committees
drafted
previous
october
governor
however
vetoed
legislation
january
state
issued
final
order
adopting
legislative
plan
requiring
plan
used
primary
general
elections
february
pursuant
order
issued
shortly
vacated
injunction
parties
submitted
proposals
congressional
redistricting
february
state
held
hearings
competing
plans
two
days
later
district
issued
order
adopting
legislative
congressional
districting
plans
permanently
enjoining
interference
state
implementation
plans
emison
panel
found
state
modified
version
chapter
fails
provide
equitable
relief
necessary
cure
violation
voting
rights
act
view
required
least
one
minority
senate
district
district
minority
constitutes
clear
majority
district
rejected
chapter
basis
plan
instead
referred
state
policy
expressed
minnesota
constitution
resolution
adopted
houses
legislature
see
minn
art
reg
sess
judge
maclaughlin
dissented
part
district
unanimous
however
adoption
congressional
redistricting
plan
concluding
preexisting
plan
violated
art
federal
constitution
although
received
proposed
plans
submitted
state
earlier
month
used
instead
congressional
plan
prepared
special
masters
finally
district
retained
jurisdiction
ensure
adoption
reapportionment
plans
enforce
permanent
injunction
early
march
state
indicated
fully
prepared
release
congressional
plan
federal
injunction
prevented
view
federal
plan
reached
population
equality
without
sufficient
regard
preservation
municipal
county
boundaries
app
juris
statement
appellants
sought
stay
district
february
order
pending
appeal
justice
blackmun
granted
stay
respect
legislative
redistricting
plan
mar
chambers
noted
probable
jurisdiction
ii
challenge
district
redistricting
plans
appellants
contend
principles
scott
germano
per
curiam
erred
deferring
minnesota
special
redistricting
panel
proceedings
agree
parties
dispute
courts
jurisdiction
consider
complaints
course
federal
courts
state
courts
often
find
exercising
concurrent
jurisdiction
subject
matter
happens
federal
generally
need
neither
abstain
dismiss
case
defer
state
proceedings
withhold
action
state
proceedings
concluded
see
mcclellan
carland
rare
circumstances
however
principles
federalism
comity
dictate
otherwise
found
abstention
necessary
example
federal
action
raises
difficult
questions
state
law
bearing
important
matters
state
policy
federal
jurisdiction
invoked
restrain
ongoing
state
criminal
proceedings
see
colorado
river
water
conservation
dist
collecting
examples
required
deferral
causing
federal
sta
hands
constitutional
issue
federal
action
mooted
presented
different
posture
following
conclusion
state
case
railroad
texas
pullman
reapportionment
context
required
federal
judges
defer
consideration
disputes
involving
redistricting
state
legislative
judicial
branch
begun
address
highly
political
task
germano
federal
district
invalidated
illinois
senate
districts
entered
order
requiring
state
submit
revised
senate
districting
scheme
might
adopt
action
previously
filed
state
attacking
districting
scheme
case
illinois
held
subsequent
federal
order
senate
districting
scheme
invalid
expressed
confidence
general
assembly
enact
lawful
plan
current
session
scheduled
end
july
illinois
retained
jurisdiction
ensure
upcoming
general
elections
conducted
pursuant
constitutionally
valid
plan
disapproved
district
action
district
stayed
hand
said
failing
overlooked
teaching
state
courts
significant
role
redistricting
power
judiciary
state
require
valid
reapportionment
formulate
valid
redistricting
plan
recognized
appropriate
action
cases
specifically
encouraged
case
remanded
directions
district
enter
order
fixing
reasonable
time
within
appropriate
agencies
state
illinois
including
may
validly
redistrict
illinois
state
senate
provided
accomplished
within
ample
time
permit
plan
utilized
election
ibid
citations
omitted
judged
principles
district
december
injunction
state
proceedings
vacated
january
clear
error
seems
based
upon
mistaken
view
federal
judges
need
defer
minnesota
legislature
state
courts
thus
january
deadline
district
established
described
deadline
legislature
ignoring
possibility
legitimacy
state
judicial
redistricting
injunction
treated
state
provisional
legislative
redistricting
plan
interfering
reapportionment
process
doctrine
germano
prefers
state
branches
federal
courts
agents
apportionment
minnesota
special
redistricting
panel
issuance
plan
conditioned
legislature
failure
enact
constitutionally
acceptable
plan
january
far
federally
enjoinable
interference
precisely
sort
state
judicial
supervision
redistricting
encouraged
see
germano
citing
cases
reasons
offered
district
actions
december
february
support
departure
germano
principles
true
emison
plaintiffs
alleged
legislative
districting
scheme
violated
voting
rights
act
cotlow
complaint
never
invoked
statute
germano
however
require
federal
state
complaints
identical
instead
focuses
nature
relief
requested
reapportionment
election
districts
minnesota
one
set
legislative
districts
primacy
state
designing
districts
compels
federal
defer
district
also
expressed
concern
lack
time
orderly
appeal
prior
state
primaries
judgment
might
issue
state
noting
minnesota
allows
losing
party
days
appeal
see
civ
app
proc
fail
see
relevance
speed
appellate
review
germano
requires
state
agencies
adopt
constitutional
plan
within
ample
time
utilized
upcoming
election
require
appellate
review
plan
prior
election
requirement
ignore
reality
must
often
redistrict
exigent
circumstances
brief
interval
completion
decennial
federal
census
primary
season
general
elections
next
year
consideration
appeal
long
minnesota
primary
final
elections
held
reflects
improbability
completing
judicial
review
necessary
deadline
new
redistricting
scheme
may
useful
describe
happened
respect
redistricting
plan
state
entered
judgment
adopting
modified
version
chapter
late
january
nearly
three
weeks
federal
issued
opinion
final
order
declaring
legislature
version
chapter
unconstitutional
adopting
legislative
plan
replace
altered
status
quo
state
plan
became
law
minnesota
least
elementary
principles
federalism
comity
embodied
full
faith
credit
statute
obligated
federal
give
judgment
legal
effect
rather
treating
simply
one
several
competing
legislative
redistricting
proposals
available
district
choosing
see
atlantic
coast
line
locomotive
engineers
words
january
federal
empowered
entertain
emison
plaintiffs
claims
relating
legislative
redistricting
extent
claims
challenged
state
plan
cf
wise
lipscomb
opinion
white
respect
congressional
plan
district
ignore
state
judgment
actively
prevented
judgment
issuing
wrongfully
entered
december
injunction
prevented
special
redistricting
panel
developing
contingent
plan
congressional
redistricting
legislative
redistricting
prior
injunction
state
december
order
parties
submission
congressional
plans
rendered
nullity
injunction
vacated
january
net
effect
delay
least
weeks
submissions
state
hearings
submissions
may
acknowledge
germano
one
breath
impede
state
timely
development
plan
next
appropriate
district
establish
deadline
special
redistricting
panel
acted
federal
proceed
january
deadline
district
established
explicitly
directed
solely
legislature
state
never
given
time
decide
reapportionment
legislative
congressional
wished
avoid
federal
intervention
course
district
justified
adopting
plan
apparent
state
fault
district
develop
redistricting
plan
time
primaries
germano
requires
deferral
abstention
case
addition
fact
federal
injunction
cause
state
delay
nonetheless
appeared
state
fully
prepared
adopt
congressional
plan
timely
manner
district
special
redistricting
panel
received
plans
submitted
federal
held
hearings
plans
two
days
federal
issued
opinion
record
simply
support
conclusion
state
either
unwilling
unable
adopt
congressional
plan
time
elections
occurred
federal
rescue
minnesota
electoral
process
race
beat
minnesota
special
redistricting
panel
finish
line
wrong
even
panel
tripped
earlier
course
district
erred
deferring
state
timely
consideration
congressional
reapportionment
iii
district
concluded
sufficient
evidence
prove
minority
vote
dilution
portion
city
minneapolis
violation
voting
rights
act
choosing
apply
preconditions
violation
set
challenges
multimember
districts
see
thornburg
gingles
instead
proceeded
directly
totality
circumstances
test
found
unlawful
dilution
rejected
basis
redistricting
plan
chapter
chapter
modified
senate
file
state
version
chapter
adopted
instead
special
masters
legislative
plan
includes
senate
district
stretching
south
minneapolis
around
downtown
area
northern
part
city
order
link
minority
populations
oddly
shaped
creation
senate
district
percent
black
percent
minority
including
least
three
separately
identifiable
minority
groups
district
view
based
udicial
experience
well
results
past
elections
minority
senate
district
minneapolis
required
order
districting
scheme
comply
voting
rights
act
must
review
analysis
correct
district
right
deny
effect
state
legislative
redistricting
plan
initial
matter
clear
precisely
legislative
districting
plan
produced
vote
dilution
necessitated
remedy
almost
decade
prior
election
season
legislative
districting
plan
use
minnesota
plan
parties
agreed
unconstitutional
light
census
importantly
state
declared
plan
unconstitutional
final
order
january
order
issued
emison
plaintiffs
claims
plan
violated
voting
rights
act
became
moot
unless
claims
also
related
superseding
plan
party
litigation
ever
alleged
either
chapter
modified
version
chapter
adopted
state
resulted
vote
dilution
district
hold
hearing
request
written
argument
parties
validity
particular
plan
district
discussion
focus
particular
plan
although
legislative
plan
view
produced
dilution
violation
unclear
district
clearly
conclude
state
plan
remedy
unspecified
violation
fail
ed
provide
affirmative
relief
necessary
adequately
protect
minority
voting
rights
district
view
words
dissenting
judge
perceived
see
maclaughlin
concurring
part
dissenting
part
legislative
plan
lacking
supermajority
minority
senate
district
minneapolis
violated
turn
merits
position
precedent
requires
establish
claim
respect
multimember
districting
plan
hence
justify
districting
remedy
plaintiff
must
prove
three
threshold
conditions
first
minority
group
sufficiently
large
geographically
compact
constitute
majority
district
second
politically
cohesive
third
white
majority
votes
sufficiently
bloc
enable
usually
defeat
minority
preferred
candidate
gingles
previously
considered
whether
gingles
threshold
factors
apply
dilution
challenge
districting
scheme
vote
fragmentation
claim
see
however
stated
many
occasions
multimember
districting
plans
well
plans
generally
pose
greater
threats
minority
voter
participation
political
process
districts
see
concurring
judgment
rogers
lodge
see
also
burns
richardson
strongly
preferred
districts
federal
reapportionment
see
connor
finch
peculiar
conclude
vote
dilution
challenge
dangerous
multimember
district
requires
higher
threshold
showing
challenge
district
certainly
reasons
three
gingles
prerequisites
continue
apply
geographically
compact
majority
minority
political
cohesion
showings
needed
establish
minority
potential
elect
representative
choice
district
see
gingles
supra
minority
political
cohesion
majority
bloc
voting
showings
needed
establish
challenged
districting
thwarts
distinctive
minority
vote
submerging
larger
white
voting
population
see
gingles
supra
unless
points
established
neither
wrong
remedy
present
case
even
make
dubious
assumption
minority
voters
geographically
compact
quite
obviously
need
second
gingles
showings
assuming
without
deciding
permissible
district
combine
distinct
ethnic
language
minority
groups
purposes
assessing
compliance
dilution
power
agglomerated
political
bloc
basis
alleged
violation
proof
minority
political
cohesion
essential
see
badillo
stockton
concerned
citizens
hardee
county
hardee
county
bd
ca
campos
baytown
cert
denied
since
may
presume
bloc
voting
within
even
single
minority
group
see
gingles
supra
made
sense
district
effect
indulge
presumption
bloc
voting
within
agglomeration
distinct
minority
groups
satisfied
present
case
gingles
preconditions
ignored
unattainable
district
acknowledged
record
simply
contains
statistical
evidence
minority
political
cohesion
whether
one
several
minority
groups
majority
bloc
voting
minneapolis
even
anecdotal
evidence
lacking
recognizing
void
relied
article
identifying
bloc
voting
national
phenomenon
inevitable
quoting
howard
howard
dilemma
voting
rights
act
recognizing
emerging
political
equality
norm
law
review
article
national
voting
patterns
substitute
proof
bloc
voting
occurred
minneapolis
cf
gingles
summarizing
statistical
anecdotal
evidence
case
section
assume
existence
racial
bloc
voting
plaintiffs
must
prove
judgment
reversed
case
remanded
instructions
dismiss
ordered
footnotes
although
minnesota
law
legislative
districts
must
drawn
precinct
boundaries
established
see
subd
supp
congressional
districts
needed
advance
march
precinct
caucuses
congressional
district
conventions
take
place
late
april
early
may
section
provides
voting
qualification
prerequisite
voting
standard
practice
procedure
shall
imposed
applied
state
political
subdivision
manner
results
denial
abridgement
right
citizen
vote
account
race
color
contravention
guarantees
set
forth
section
title
provided
subsection
section
violation
subsection
section
established
based
totality
circumstances
shown
political
processes
leading
nomination
election
state
political
subdivision
equally
open
participation
members
class
citizens
protected
subsection
section
members
less
opportunity
members
electorate
participate
political
process
elect
representatives
choice
extent
members
protected
class
elected
office
state
political
subdivision
one
circumstance
may
considered
provided
nothing
section
establishes
right
members
protected
class
elected
numbers
equal
proportion
population
percentages
refer
total
population
establish
whether
violation
occurred
presumably
requires
application
standard
measures
whether
violation
remedied
courts
looked
district
total
minority
population
district
minority
population
voting
age
see
romero
pomona
citing
cases
gingles
repeatedly
refers
voting
population
see
need
pass
upon
aspect
district
opinion
gingles
expressly
declined
resolve
whether
plaintiff
alleges
voting
practice
procedure
impairs
minority
ability
influence
rather
alter
election
results
showing
geographical
compactness
minority
group
sufficiently
large
constitute
majority
suffice
gingles
supra
reach
question
present
case
either
although
emison
plaintiffs
alleged
vote
dilution
minimization
vote
influence
plan
district
considered
former
issue
reviewing
state
plan