brown thomson argued march decided june wyoming legislature consists senate house representatives state constitution provides state counties shall constitute senatorial representative district shall least one senator one representative requires senators representatives apportioned among counties nearly may according number inhabitants wyoming statute reapportioned house representatives provided representatives based census placing wyoming population ideal apportionment persons per representative reapportionment resulted average deviation population equality maximum deviation niobrara county state least populous county given one representative even though population legislature provided county representative even statutory formula rounded county population zero legislature also provided niobrara county representation held unconstitutional combined neighboring county single district house consist representatives appellants members league women voters residents seven counties population per representative greater state average filed action federal district alleging granting niobrara county representative diluted voting privileges appellants voters similarly situated violation fourteenth amendment seeking declaratory injunctive relief district upheld constitutionality reapportionment statute held wyoming violated equal protection clause fourteenth amendment permitting niobrara county representative pp deviations population equality may necessary permit pursue legitimate objectives maintain ing integrity various political subdivisions provid ing compact districts contiguous territory reynolds sims apportionment plan population disparities larger creates prima facie case discrimination therefore must justified state ultimate inquiry whether plan may reasonably said advance rational state policy whether population disparities resulting plan exceed constitutional limits pp case presents unusually strong example apportionment plan population variations entirely result consistent nondiscriminatory application legitimate state policy wyoming since statehood followed constitutional policy using counties representative districts ensuring county one representative moreover wyoming applied factor preserving political subdivisions free taint arbitrariness discrimination pp wyoming policy preserving county boundaries justifies additional deviations population equality resulting provision representation niobrara county considerable population variations remain even niobrara county representative eliminated plan average deviation per representative maximum deviation statistics make clear grant representative niobrara county significant cause population deviations wyoming moreover differences two plans justified basis policy preserving county boundaries enacting plan state ensured policy applies nondiscriminatorily whereas effect plan deprive niobrara county voters representative pp powell delivered opinion burger rehnquist stevens joined filed concurring opinion stevens joined post brennan filed dissenting opinion white marshall blackmun joined post sue davidson argued cause filed brief appellants randall cox assistant attorney general wyoming argued cause pro hac vice appellees thyra thomson et al brief mcclintock attorney general peter mulvaney deputy attorney general richard barrett filed brief appellees james thomson et al justice powell delivered opinion issue whether state wyoming violated equal protection clause allocating one seats house representatives county population considerably lower average population per state representative since wyoming became state legislature consisted senate house representatives state constitution provides state counties shall constitute senatorial representative district ach county shall least one senator one representative senators representatives required apportioned among said counties nearly may according number inhabitants wyo art state counties since apportionment wyoming house challenged three times past years background helpful voters six populous counties filed suit district district wyoming challenging apportionment state senators representatives district held apportionment senate one senator allocated state counties two largest counties two senators far departed principle population equality unconstitutional schaefer thomson supp wyo supplemented supp aff sub nom harrison schaefer upheld apportionment state house representatives state constitutional requirement county shall least one representative produced deviations population equality average deviation ideal number residents per representative maximum percentage deviation largest smallest number residents per representative see app exhibits district held population disparities justifiable result honest attempt based legitimate considerations effectuate rational practical policy house representatives conditions exist wyoming reapportionment house similar average deviation maximum deviation app exhibits another constitutional challenge brought district upheld apportionment house observing five minimal adjustments made since three districts gaining representative two districts losing representative population shifts thompson thomson supp wyo present case challenge wyoming statute reapportioning house representatives accordance requirements art state constitution wyo stat supp census placed wyoming population statute provided representatives meaning ideal apportionment persons per representative county given one representative including six counties population fell deviations population equality similar prior decades average deviation maximum deviation see app exhibits issue case concerns niobrara county state least populous county population less half ideal district accordingly general statutory formula dictated population purposes representation rounded zero see ii deprived niobrara county representative first time since became county state legislature found however opportunity oppression people state greater county deprived representative legislature guaranteed least one representative therefore followed state constitution requirement expressly provided county receive representative even statutory formula rounded county population zero iii niobrara county thus given one seat house legislature also provided representation niobrara county held unconstitutional combined neighboring county single representative district house consist representatives iv appellants members state league women voters residents seven counties population per representative greater state average filed lawsuit district district wyoming alleged granting niobrara county representative statutorily entitled voting privileges plaintiffs citizens electors wyoming similarly situated improperly illegally diluted violation amendment app sought declaratory injunctive relief prevent state giving separate representative niobrara county thus implementing alternative plan calling representatives district upheld constitutionality statute supp noted narrow issue presented alleged discriminatory effect single county representative concluded citing expert testimony dilution plaintiffs votes de minimis niobrara county representative also found wyoming policy granting representative county rational indeed particularly well suited special needs wyoming noted probable jurisdiction affirm ii reynolds sims held equal protection clause requires seats houses bicameral state legislature must apportioned population basis holding requires state make honest good faith effort construct districts nearly equal population practicable practical impossibility arrange legislative districts one identical number residents citizens voters see gaffney cummings describing various difficulties measurement population recognized deviations population equality may necessary permit pursue legitimate objectives maintain ing integrity various political subdivisions provid ing compact districts contiguous territory reynolds supra stated gaffney unrealistic overemphasis raw population figures mere nose count districts may submerge considerations furnish ready tool ignoring factors operation important acceptable representation apportionment arrangement view considerations held minor deviations mathematical equality among state legislative districts insufficient make prima facie case invidious discrimination fourteenth amendment require justification state decisions established general matter apportionment plan maximum population deviation falls within category minor deviations see connor finch white regester plan larger disparities population however creates prima facie case discrimination therefore must justified state see swann adams de minimis deviations unavoidable variations among senate districts among house districts hardly deemed de minimis none cases suggests differences magnitude approved without satisfactory explanation grounded acceptable state policy ultimate inquiry therefore whether legislature plan may reasonably said advance rational state policy whether population disparities among districts resulted pursuit plan exceed constitutional limits mahan howell case question niobrara county deviation population equality mean minor also question wyoming constitutional policy followed since statehood using counties representative districts ensuring county one representative supported substantial legitimate state concerns abate mundt held desire preserve integrity political subdivisions may justify apportionment plan departs numerical equality see mahan howell supra indeed reynolds sims supra singled preservation political subdivisions clearly legitimate policy see moreover undisputed wyoming applied factor manner free taint arbitrariness discrimination roman sincock state policy preserving county boundaries based state constitution followed decades applied consistently throughout state district found policy particular force given peculiar size population state nature governmental structure see supra addition population equality sole criterion used state apportionment formula ensures population deviations greater necessary preserve counties representative districts see mahan howell supra evidence clear plan produces minimum deviation norm keeping intact political boundaries finally evidence bias tending favor particular political interests geographic areas abate mundt supra judge doyle stated slightest sign group people discriminated indication larger cities towns discriminated contrary cheyenne laramie casper sheridan shown suffered slightest degree preference agricultural areas specially concurring required decide whether wyoming nondiscriminatory adherence county boundaries justifies population deviations exist throughout wyoming representative districts appellants deliberately limited challenge alleged dilution voting power resulting one representative given niobrara county issue therefore whether average deviation maximum deviation considering state apportionment plan whole constitutionally permissible rather issue whether wyoming policy preserving county boundaries justifies additional deviations population equality resulting provision representation niobrara county scarcely denied terms actual effect appellants voting power matters little whether house used district noted example seven counties appellants reside elect representatives either plan difference therefore whether elect legislature members legislature members district aptly described difference de minimis ibid suggest state free create allocate additional representative seat way chooses simply additional seat little effect remainder state voters allocation representative particular political subdivision still may violate equal protection clause greatly exceeds population variations existing rest state state provides legitimate justifications creation seat however considerable population variations remain even niobrara county representative eliminated plan average deviation per representative maximum deviation see app exhibits statistics make clear grant representative niobrara county significant cause population deviations exist wyoming moreover believe differences two plans justified basis wyoming longstanding legitimate policy preserving county boundaries see supra particularly taint arbitrariness discrimination roman sincock substantial deference accorded political decisions people state acting elected representatives noteworthy enacting plan state ensured policy preserving county boundaries applies nondiscriminatorily effect plan deprive voters niobrara county representative even though remainder house representatives constituted facilitate representation interests county see doyle specially concurring circumstances persuaded wyoming violated fourteenth amendment permitting niobrara county representative judgment district affirmed footnotes county shall constitute senatorial representative district senate house representatives shall composed members elected legal voters counties respectively every two years shall apportioned among said counties nearly may according number inhabitants county shall least one senator one representative time shall number members house representatives less twice greater three times number members senate example disparity population laramie county populous county state two senators people whereas teton county least populous county state one senator people see schaefer thomson wyoming stat supp provides relevant part ratios apportionment senators representatives fixed follows ii ratio apportionment representatives smallest number people per representative divided population representative district shown official results federal decennial census fractions rounded nearest whole number results house representatives iii number representatives county rounded zero formula paragraph ii section county shall given one representative addition representatives provided paragraph ii section iv provisions paragraph iii section found unconstitutional unconstitutional result niobrara county shall joined goshen county single representative district house representatives shall apportioned provided paragraph ii section legislature made following findings hereby declared policy state preserve integrity county boundaries election districts house representatives legislature considered present population needs characteristics county legislature finds needs county unique interests county must guaranteed voice legislature legislature therefore utilize provisions article section wyoming constitution determining standard reapportionment wyoming house representatives guarantees county least one representative legislature finds opportunity oppression people state greater county deprived representative legislature guaranteed least one representative legislature finds dilution power counties join together making declarations trivial weighed need maintain integrity county boundaries legislature also finds practical necessary increase size legislature beyond provisions act order meet obligations apportion accordance constitutional requirements consistent declaration wyo sess laws ch district stated wyoming state unique among sister small population encompassed large area counties always major form government state county special economic social needs needs people different distinctive given fact representatives combined counties niobrara goshen probably come larger county goshen interests people niobrara county virtually unprotected people within county many interests common public facilities government administration work personal problems facts action deny people representative borders abridging right represented determination futures wyoming counties primary administrative agencies state government historically policy state counties remain position taxing powers counties limited constitution state statutes supplemental monies distributed counties accordance appropriations designated state legislature comes surprise financial requirements county different without representation state house representatives people niobrara county well forgotten contrast many prior decisions invalidating state apportionment plans based lack proof deviations population equality result application legitimate districting criteria see chapman meier far apparent north dakota policy currently requires favors strict adherence political lines furthermore plan devised special master demonstrates policy maintaining township lines preven attaining significantly lower population variance kilgarlin hill per curiam district demonstrate respect integrity county lines required particular deviations articulate satisfactory grounds rejecting least two plans presented respected county lines produced substantially smaller deviations swann adams evidence presented justify population disparities reynolds explained carried far scheme giving least one seat one house political subdivision example county easily result many total subversion principle legislative body especially true state number counties large many sparsely populated number seats legislative body apportioned significantly exceed number counties discussion reynolds illustrated senatorial districts wyoming invalidated county state one senator two largest counties two county population varied substantially extremely large disparities population per senator resulted six populous counties approximately state population eight senators whereas six least populous counties approximately population six senators see schaefer thomson wyoming house representatives presents different case number representatives substantially larger number counties counsel appellants represent state league women voters explained oral argument referendum passed league women voters authorized attack one portion reapportionment plan felt membership leadership group broader authority ever given political ramifications arguments presented membership attacking considering broader authority tr oral arg dissent suggests required pass upon constitutionality apportionment entire wyoming house representatives see post brennan dissenting although prior cases challenging apportionment one legislative house addressed constitutionality house apportionment well never held required example gaffney cummings considered apportionment connecticut general assembly noting expressly senate plan challenged district ppellees challenge senate districts ground population deviations case see reason appellants bound choices made filing lawsuit similarly appellees note plan state voters theoretically elect representatives plan population elect representatives see app exhibits justice justice stevens joins concurring decisions today case karcher daggett ante upholds former allocation one representative county state legislative plan maximum deviation population equality strikes latter congressional reapportionment plan state new jersey maximum deviation member majority cases feel compelled explain reasons joinder apparently divergent decisions view principle guiding ideal evaluating congressional legislative redistricting schemes situations however ensuring equal representation simply matter numbers must flexibility assessing size deviation importance consistency neutrality state policies alleged require population disparities opinions recognize need flexibility examining asserted state policies karcher new jersey demonstrated population variances congressional districts necessary preserve minority voting strength justification offered state ante contrast doubt population deviation resulting provision one representative niobrara county product consistent nondiscriminatory application wyoming longstanding policy preserving county boundaries addition emphasizes case required decide whether suggest wyoming nondiscriminatory adherence county boundaries justifies population deviations exist throughout wyoming representative districts ante thus relevant percentage case maximum deviation state wyoming viewed whole additional deviation equality produced allocation one representative niobrara county ibid regard emphasize point acknowledged majority see ante although maximum deviation figure controlling element apportionment challenge even consistent nondiscriminatory application legitimate state policy justify substantial population deviations throughout state effect eviscerate principle short observes clearly outer limit magnitude deviation constitutionally permissible even face strongest justifications past recognized state legislative apportionment scheme maximum population deviation exceeding creates prima facie case discrimination see connor finch moreover mahan howell suggested maximum deviation may well approach tolerable limits gravest doubts statewide legislative plan maximum deviation survive constitutional scrutiny despite presence state strong interest preserving county boundaries join opinion understanding nothing suggests uphold scheme notes case onsideration must given character well degree deviations strict population consistency application neutrality effect nonpopulation criteria must considered along size population disparities determining whether state legislative apportionment plan contravenes equal protection clause ante similarly karcher observes 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 ante recognized enjoy somewhat greater degree latitude population disparities state legislative apportionment scheme tested equal protection clause standards congressional redistricting scheme held art constitution provides governing standard white regester justice brennan justice white justice marshall justice blackmun join dissenting today upholds reapportionment scheme state legislature featuring maximum deviation average deviation population equality agree although disagree today holding worth stressing extraordinarily narrow empty likely precedential value goes way make clear appellants chosen attack one small feature wyoming reapportionment scheme weighs marginal unequalizing effect one feature overall constitutionality entire scheme ante nn see ante concurring hence although view reaches wrong result case hand unlikely future plaintiffs challenging state reapportionment scheme unconstitutional unwise limit challenge scheme single objectionable feature whether good thing speed cost constitutional litigation remains seen least plaintiffs henceforth know better exercise moderation restraint mounting constitutional attacks state apportionment statutes lest forfeit small claim omitting assert big one ii equal protection clause fourteenth amendment requires state apportioning legislature make honest good faith effort construct districts nearly equal population practicable reynolds sims certain conditions constitution permits small deviations absolute equality state legislative districts carefully circumscribed range permissible deviations degree kind required faithful adherence plan representation minor deviations may occur recognizing certain factors free taint arbitrariness discrimination roman sincock overriding objective must substantial equality population among various districts vote citizen approximately equal weight citizen state reynolds supra cases since reynolds clarified structure constitutional inquiry state legislative apportionments setting amounts test first plaintiff must show deviations issue sufficiently large make prima facie case discrimination come establish rough threshold maximum deviation equality adding together deviations average district size underrepresented overrepresented districts level deviations ordinarily considered de minimis ante connor finch white regester second must consider quality reasons advanced state explain deviations acceptable reasons must legitimate considerations incident effectuation rational state policy reynolds supra must free taint arbitrariness discrimination roman supra see mahan howell third state must show state policy urged justify divergences indeed furthered plan necessarily requires showing deviations equality significantly greater necessary serve state asserted policy another plan serve policy substantially well providing smaller deviations equality hardly said larger deviations advance policy see kilgarlin hill mahan supra connor supra fourth even state succeeds showing deviations plan justified furtherance rational state policy must nevertheless consider whether small enough constitutionally tolerable state policy urged justification disparity district population however rational constitutionally permitted emasculate goal substantial population equality mahan supra takes little effort show wyoming house representatives apportionment manifestly unconstitutional test established cases whether one considers instance niobrara county alone combination large deviations present rest scheme conceded around course appellants shown prima facie case discrimination wyoming maximum deviation greatly exceeds threshold indeed great inequality plan even average deviation ideal district size exceeds threshold set maximum deviations hand one might reasonably concede state met second third steps wyoming longstanding policy using counties basic units representation rational one found district untainted arbitrariness discrimination appears well deviations issue reduced least without substantially increasing size house representatives consistently wyoming goals using county lines assuring county least one representative plausibly argued however wyoming plan passes fourth test deviations even justified state policy within constitutionally tolerable range size warned although maintenance county political boundaries justify small deviations allowed negate fundamental principle one person one vote connor supra likewise recognized may always feasible within constitutional constraints guarantee county subdivision representative carried far scheme giving least one seat one house political subdivision example county easily result many total subversion principle legislative body reynolds omitted see mahan supra brennan concurring part dissenting part unambiguously rejected reliance factor state urges reason plan stating sparseness population far excusing deviations equality actually increases need equality among districts parse population legitimate basis departure goal equality state sparse population may face problems different faced one concentrated population without permit substantial deviation average indeed state small population individual vote may important result election highly populated state thus particular emphasis placed establishing districts exact population equality possible chapman meier emphasis added implicitly acknowledges ante niobrara county overrepresentation compared ideal district size considered kind minor variatio reynolds sims indicated might justified local policies counseling maintenance established political subdivisions apportionment plans kilgarlin kilgarlin expressed strong doubt maximum deviation ever permitted ibid mahan warned maximum deviation even though fully justified state policy may well approach tolerable limits see also abate mundt contrast niobrara county voters given two half times voting strength average wyoming voter triple voting strength voters counties state provide votes citizens one part state given two times five times times weight votes citizens another part state hardly contended right vote residing disfavored areas effectively diluted reynolds supra creation district represents deviation principle population equality absolute disregard niobrara county alone state allocated seat basis wholly unrelated population wmca lomenzo hardly constitutes faithful adherence plan representation roman rest state considered well picture becomes even worse scheme treatment niobrara county single isolated abuse merely worst many objectionable features wyoming counties within much population proportionality populations per representative sublette crook counties respectively statewide average washakie teton counties respectively figure average deviation ideal district size figures spun unnecessary surprising makes effort uphold plan whole contrary least two members majority express gravest doubts statewide legislative plan maximum deviation survive constitutional scrutiny despite presence state strong interest preserving county boundaries ante joined stevens concurring attempts escape stark facts two lines reasoning relying unspoken legal premise neither withstands examination first apparently assumes aspect unequal representation matters degree vote dilution suffered one individual voter see ante mistaken severe dilution votes relatively small number voters perhaps disturbing result may attend invalid apportionments unfortunate victims may virtually disfranchised sole evil combated however equally illegal enact scheme small group greatly overrepresented expense voters state rotten borough plan tend yield small figures supposedly measuring harm single individuals opinion illustrates analysis overlooks fact large numbers persons adversely affected principle equal representation well votes individual plaintiffs state may dilute reynolds supra equal protection clause permit small class voters deprived fair equal voting power forbid elevation small class supervoters granted extraordinarily powerful franchise permit wyoming legislative elections grant vote voters named jones licensed practice law even though enactment reasoning de minimis effect rights rest wyoming voters permissible create exalted class based location residence relies directly unspoken assumption may judge constitutionality niobrara county representation first severing feature rest scheme weighing incremental effect increasing degree inequality present system whole appellants deliberately limited challenge alleged dilution voting power resulting one representative given niobrara county issue therefore whether average deviation maximum deviation considering state apportionment plan whole constitutionally permissible rather issue whether wyoming policy preserving county boundaries justifies additional deviations population equality resulting provision representation niobrara county ante footnotes omitted confronted analogous situation maryland committee fair representation tawes state argued tawes since plaintiffs allegedly conceded one house maryland legislature constitutionally apportioned courts passed apportionment house required limit consideration apportionment challenged house flatly rejected argument regardless possible concessions made parties scope consideration courts reviewing state legislative apportionment case must necessity consider challenged scheme whole determining whether particular state apportionment plan entirety meets federal constitutional requisites simply impossible decide upon validity apportionment one house bicameral legislature abstract without also evaluating actual scheme representation employed respect house rather proper indeed indispensable subject judicial focus legislative apportionment controversy overall representation accorded state voters houses bicameral state legislature therefore reject state contention precluded considering validity apportionment maryland house delegates although invariably adhered rule regard two houses legislature concerns led us tawes examine houses despite scope plaintiffs complaint forbid us consider allocation one seat without also examining remainder wyoming apportionment house representatives plan single deviation good deal smaller one necessary carry rational state policy might well tolerated even though situation greater number substantial deviations unacceptable much departure goal equality see lucas supra greater number deviations present case common sense well tawes lucas require us consider plan whole inequality created niobrara county representation increase maximum deviation equality necessarily cumulative inequality imposed rest system playing artificial tricks assert fairness allocation one seat legislative body considered though connection seats fairness allocation indeed method contradicts suggestion niobrara problem severable fully willing consider system inequalities case even give controlling weight wishes consider inequalities weighing favor plan see infra page agree may consider niobrara county vacuum seems however existence numerous instances inequality considered undesirable feature apportionment plan saving one examining plan totality lucas supra may judge whether allocation seat house constitutional bound referendum league women voters see ante wyoming error granting niobrara county voters vote worth double triple votes wyoming voters compounded impermissibly large disparities voting power existing rest apportionment plan supra yet astonishingly manages turn damning fact state favor allocation representative particular political subdivision still may violate equal protection clause greatly exceeds population variations existing rest state state provides legitimate justifications creation seat however considerable population variations remain even niobrara county representative eliminated statistics make clear grant representative niobrara county significant cause population deviations exist wyoming ante justice joined justice stevens gravest doubts statewide legislative plan maximum deviation survive constitutional scrutiny ante concurring opinion today holds plan survive constitutional scrutiny dissent notes course substantially demanding respect apportionment federal congressional districts mahan howell see generally karcher daggett ante white weiser kirkpatrick preisler ideal district size statewide population divided number seats niobrara county population thus average representative represents times many constituents niobrara county representative similarly populations washakie teton counties respectively times large population niobrara county yet three counties given one representative app exhibits see generally reynolds sims baker carr frankfurter dissenting cf swann adams maryland committee fair representation tawes discussed need considering apportionment seats houses bicameral state legislature evaluating constitutionality state legislative apportionment scheme regardless matters raised parties decided consistent approach determining whether good faith effort establish districts substantially equal population made must necessarily consider state legislative apportionment scheme whole evaluation apportionment plan totality determine whether sufficient compliance requisites equal protection clause emphasis added see also burns richardson case also presents issue relief accorded absolute minimum district granted relief requested appellants combination niobrara goshen counties one district provided wyoming legislature case first plan found unconstitutional see ante yielded combined district virtually perfect size reduced plan maximum deviation improvement alone larger maximum deviation ever approved without justification see supra view however district required wyoming devise apportionment plan constitutional entirety whitcomb chavis plaintiffs complaint attacked indiana apportionment statute one county reversed district judgment county unconstitutionally apportioned nevertheless expressly approved district decision expand relief granted include reapportionment entire state determining marion county required reapportionment concluded becomes clear beyond question evidence adduced case additional apportionment requirements set forth call redistricting entire state houses general assembly plurality opinion quoting supp sd ind see douglas concurring result part see also supra fed rule civ proc