white regester argued february decided june litigation challenging texas legislative reapportionment scheme district held house plan statewide contained constitutionally impermissible deviations population equality multimember districts provided bexar dallas counties invidiously discriminated cognizable racial ethnic groups though entire plan declared invalid permitted use election except injunction order requiring two county multimember districts reconstituted districts held jurisdiction consider appeal injunction order applicable bexar county dallas county districting since properly convened review declaratory part judgment roe wade pp state reapportionment statutes subject stricter standards applicable congressional reapportionment art district erred concluding case total maximum variation house districts average deviation ideal involved invidious discrimination violation equal protection clause cf gaffney cummings ante pp district order requiring disestablishment multimember districts dallas bexar counties warranted light history political discrimination negroes residing respectively counties residual effects discrimination upon groups pp white delivered opinion parts iii iv members joined part ii burger stewart blackmun powell rehnquist joined brennan filed opinion concurring part dissenting part douglas marshall joined post leon jaworski special assistant attorney general texas argued cause appellants briefs john hill attorney general larry york executive assistant attorney general alton curry special assistant attorney general lewis jones assistant attorney general david richards argued cause appellees regester et al brief ronald clower james mattox ed idar argued cause appellees bernal et al brief mario obledo george korbel frank hernandez thomas gibbs gee argued cause appellees willeford et al brief william terry bray douglas mcguire filed brief appellees van henry archer et al marcus ranger brice cunningham filed brief appellees washington et al william dobrovir filed brief league women voters et al amici curiae urging affirmance justice white delivered opinion case raises two questions concerning validity reapportionment plan texas house representatives adopted state legislative redistricting board first whether unconstitutionally large variations population among districts defined plan second whether multimember districts provided bexar dallas counties properly found invidiously discriminatory cognizable racial ethnic groups counties texas constitution requires state legislature reapportion house senate first regular session following decennial census tex art iii legislature proceeded reapportion house representatives failed agree redistricting plan senate litigation immediately commenced state challenging constitutionality house reapportionment texas held legislature plan house violated texas constitution smith craddick meanwhile pursuant requirements texas constitution legislative redistricting board formed begin task redistricting texas senate although board initially confined work reapportionment senate eventually ordered light judicial invalidation house plan also reapportion house mauzy legislative redistricting board october redistricting board plan reapportionment senate released october house plan promulgated house plan remains issue case plan divided body among multimember districts four lawsuits eventually consolidated filed challenging board senate house plans asserting respect house plan contained impermissible deviations population equality multimember districts bexar county dallas county operated dilute voting strength racial ethnic minorities district sustained senate plan found house plan unconstitutional graves barnes supp wd tex house plan held contain constitutionally impermissible deviations population equality multimember districts bexar dallas counties deemed constitutionally invalid district gave texas legislature july reapportion house district permitted board plan used purposes election except requiring dallas county bexar county multimember districts reconstituted districts election appellants appealed statewide invalidation house plan substitution multimember districts dallas county bexar county justice powell denied stay judgment district noted probable jurisdiction sub nom bullock regester deal outset challenge jurisdiction appeal permits injunctions suits required heard determined district appealed directly first suggested case one required heard contention frivolous statewide reapportionment statute challenged injunctions asked enforcement constitutional questions raised insubstantial face complaint clearly called convening declared entire apportionment plan invalid entered injunction respect implementation elections dallas bexar counties way indicates case required single judge appellants therefore properly direct appeal respect injunction dealing bexar dallas counties order directed counties literally order granting injunction civil action required heard determined district three judges within meaning also hold appellants appealed entry injunction entitled review district accompanying declaration proposed plan texas house representatives including portions providing multimember districts dallas bexar counties invalid statewide declaration predicate order requiring dallas bexar counties reapportioned single districts order unless legislature state texas july adopted plan reapportion legislative districts within state accordance constitutional guidelines set opinion reapportion state texas order secretary state adopt implement procedures necessary properly effectuate orders conformance opinion circumstances although appellants directly appealed entry declaratory judgment unaccompanied injunctive relief gunn university committee mitchell donovan conclude jurisdiction entire appeal roe wade florida lime avocado growers jacobsen texas reapportionment plan interest judicial economy avoidance piecemeal litigation district jurisdiction claims raised statute substantial constitutional claim alleged appeal us properly reach roe wade supra carter jury florida lime avocado growers jacobsen supra ii reapportionment plan texas house representatives provides representatives selected multimember districts ideal district persons districts range population per representative overrepresentation underrepresentation total variation largest smallest district thus district read prior cases require deviations equal population among districts justified acceptable reasons grounded state policy relied kirkpatrick preisler conclude permissible tolerances suggested reynolds sims substantially eroded suggested abate mundt accepting total deviations county reapportionment sui generis considered critical issue whether state justified variances however small basis consistent rational state policy nothing single fact total deviation ideal district district district concluded justification appellants called discover acceptable state policy support deviations district also critical actions procedures legislative reapportionment board doubted board sort deliberative job worthy judicial abstinence also considered combination multimember districts house plan haphazard particularly providing districts houston multimember districts metropolitan areas irrationality without reasoned justification may separate distinct ground declaring plan unconstitutional ibid finally specifically invalidated use districts dallas bexar counties unconstitutionally discriminatory racial ethnic group district ultimate conclusion apportionment plan state texas unconstitutional unjustifiably remote ideal one man one vote districting schemes house representatives relate specifically dallas bexar counties unconstitutional dilute votes racial minorities insofar district judgment rested conclusion population differential ideal district district district made prima facie equal protection violation fourteenth amendment absent special justification error plain mahan howell gaffney cummings ante state reapportionment statutes subject strict standards applicable reapportionment congressional seats kirkpatrick preisler dilute tolerances contemplated reynolds sims respect state districting hold swann adams kilgarlin hill later mahan howell supra deviations absolute equality however small must justified satisfaction judiciary avoid invalidation equal protection clause reasons set gaffney cummings supra consider relatively minor population deviations among state legislative districts substantially dilute weight individual votes larger districts deprive individuals districts fair effective representation reasons applicable texas connecticut glean equal protection violation single fact two legislative districts texas differ one another much compared ideal district likely larger differences districts tolerable without justification based legitimate considerations incident effectuation rational state policy reynolds sims mahan howell supra confident appellees failed carry burden proof insofar sought establish violation equal protection clause population variations alone total variation two districts average deviation house districts ideal districts overrepresented underrepresented three districts unable conclude deviations alone appellees satisfied threshold requirement proving prima facie case invidious discrimination equal protection clause district contrary view judgment must reversed respect iii affirm district judgment however insofar invalidated multimember districts dallas bexar counties ordered districts redrawn districts plainly cases multimember districts per se unconstitutional necessarily unconstitutional used combination districts parts state whitcomb chavis mahan howell supra see burns richardson fortson dorsey lucas colorado general assembly reynolds sims supra entertained claims multimember districts used invidiously cancel minimize voting strength racial groups see whitcomb chavis supra burns richardson supra fortson dorsey supra sustain claims enough racial group allegedly discriminated legislative seats proportion voting potential plaintiffs burden produce evidence support findings political processes leading nomination election equally open participation group question members less opportunity residents district participate political processes elect legislators choice whitcomb chavis supra due regard standards district first referred history official racial discrimination texas times touched right negroes register vote participate democratic processes referred also texas rule requiring majority vote prerequisite nomination primary election place rule limiting candidacy legislative office multimember district specified place ticket result election representatives dallas multimember district reduced contest position characteristics texas electoral system neither improper invidious enhanced opportunity racial discrimination district thought fundamentally found since reconstruction days two negroes dallas county delegation texas house representatives two two negroes ever slated dallas committee responsible government dcrg organization effective control democratic party candidate slating dallas county organization district found need support negro community win elections county therefore exhibit concern political needs aspirations negro community found recently dcrg relying upon racial campaign tactics white precincts defeat candidates overwhelming support black community based evidence district concluded black community effectively excluded participation democratic primary selection process therefore generally permitted enter political process reliable meaningful manner findings conclusions sufficient sustain district judgment respect dallas multimember district record reason disturb iv true order requiring disestablishment multimember district bexar county consistently hernandez texas district considered bexar county identifiable class fourteenth amendment purposes proceeded inquire whether impact multimember district group constituted invidious discrimination surveying historic present condition bexar county community concentrated part west side city san antonio observed based upon prior cases record bexar community along texas long suffered continues suffer results effects invidious discrimination treatment fields education employment economics health politics others bulk community bexar county occupied barrio area consisting contiguous census tracts city san antonio barrio residents making county total population barrio area poor housing residents low income high rate unemployment typical suffers cultural language barrier makes participation community processes extremely difficult particularly thought respect political life bexar county cultural incompatibility conjoined poll tax restrictive voter registration procedures nation operated effectively deny access political processes texas even longer blacks formally denied access white primary residual impact history reflected fact voting registration remained poor county five since served texas legislature bexar county two barrio area district also concluded evidence bexar county legislative delegation house insufficiently responsive interests based totality circumstances district evolved ultimate assessment multimember district overlaid cultural economic realities community bexar county relationship rest county judgment bexar county effectively removed political processes bexar county violation whitcomb standards whatever absolute numbers may total county districts thought required remedy effects past present discrimination bring community full stream political life county state encouraging registration voting political activities district apparently paid due heed whitcomb chavis supra hold every racial political group constitutional right represented state legislature special vantage point conclude multimember district designed operated bexar county invidiously excluded effective participation political life specifically election representatives texas house representatives record us inclined overturn findings representing blend history intensely local appraisal design impact bexar county multimember district light past present reality political otherwise affirmed part reversed part remanded appendix opinion percent average deviation district population member appendix continued percent average deviation district population member appendix continued percent average deviation district population member footnotes held plan violated art iii texas constitution provides members house representatives shall apportioned among several counties according number population nearly may ratio obtained dividing population state ascertained recent census number members house composed provided whenever single county sufficient population entitled representative county shall formed separate representative district two counties required make ratio representation counties shall contiguous one county sufficient population entitled one representatives representative representatives shall apportioned county surplus population may joined representative district contiguous county counties separate appeal summarily affirmed portion judgment district upholding senate plan archer smith title provides except otherwise provided law party may appeal order granting denying notice hearing interlocutory permanent injunction civil action suit proceeding required act congress heard determined district three judges see appendix opinion post may although sure district invalidated plan statewide thought irrational mixture multimember districts thus questioning use districts houston multimember districts urban areas remarking state provided neither compelling rational explanation differing treatment district merely concluded classification may independent ground invalidating plan authorities proposition mere mixture multimember districts single plan even among urban areas invidiously discriminatory construe remarks part district declaratory judgment invalidating state plan mere advance advice texas legislature acceptable district district also concluded contrary assertions certain plaintiffs senate districting scheme bexar county unconstitutionally dilute votes political faction party supp majority district also concluded senate districting scheme harris county dilute black votes conclusion variations case justified rational state policy event require reconsideration reversal mahan howell texas constitution art iii expresses state policy cutting county lines wherever possible forming representative districts district recognized policy without benefit mahan howell may thought variations great justified policy perhaps thought also policy sufficiently consistently followed appears us stay within tolerable population limits necessary cut county lines state achieved constitutionally acceptable accommodation population principles policy cutting county lines forming representative districts see whitcomb chavis cases discussed opinion including kilgarlin hill affirmed district rejection petitioners contention combination multimember floterial districts single reapportionment plan unconstitutional crazy quilt requirement candidates reside subdistricts multimember district thus candidates may selected outside negro residential area district found extremely difficult secure either representative seat dallas county delegation democratic primary nomination without endorsement dallas committee responsible government constituted approximately population state texas district found fact reared dialect spanish primary language provides permanent impediments educational vocational advancement creates traumatic problems two residents barrio negro also served texas legislature justice brennan justice douglas justice marshall join dissenting ante concurring part dissenting part today upholds statewide legislative apportionment plans connecticut texas even though plans admittedly entail substantial inequalities population representative districts even though made virtually attempt justify failure construct districts nearly equal population practicable reynolds sims reaching conclusion sets aside judgment district district connecticut holding connecticut plan invalid judgment district western district texas reaching similar result texas plan texas case affirm however district determination use multimember districts dallas bexar counties unconstitutional effect minimizing voting strength racial groups see whitcomb chavis burns richardson fortson dorsey latter conclusion full agreement also agree join part opinion white regester decision uphold state apportionment schemes reflects substantial unfortunate retreat principles established earlier cases therefore must state dissenting views issue gaffney cummings reapportionment plan election members house representatives connecticut plan premised house member elected district since population state according census data ideal fix population district fact population many districts deviated substantially ideal ranging district underrepresented one overrepresented total spread deviation figure deemed relevant earlier decisions population assembly districts deviated average another districts deviated average deviation demonstrate state plan achieve greatest practicable degree equality population appellees submitted number proposed apportionment plans including one significantly reduced extent inequality total range deviation appellees plan compared state plan district held state plan invalid ground deviations equality populations house districts justified sufficient state interest supp instead adopting one appellees plans appointed special master chart new plan effort produced scheme total range deviation overturning district decision conclude earlier term mahan howell district failed discern state sufficient justification deviations indeed view appellant halfhearted attempts justify deviations issue conclusion hardly supported whereas commonwealth virginia made substantial effort draw district lines conformity boundaries political subdivisions effort found sufficient mahan howell validate plan total deviation evidence case us requires conclusion connecticut apportionment plan drawn complete disregard political subdivision lines district pointed boundary lines towns cut plan one portions towns added another town portion another town form assembly district moreover boundary lines towns cut plan created segments towns formation assembly districts ibid although appellant failed offer cogent reasons explanation substantial variations district population nevertheless upholds state plan reasons even absence explanation failure achieve equality showing total deviation almost make prima facie case invidious discrimination fourteenth amendment deviations greater words deemed de minimis state need offer justification failure approximate closely ideal reynolds sims supra texas reapportionment case white regester presents similar situation except range deviation district population greater state justifications anything meager ideal district texas chooses members state house representatives multimember districts defined state plan substantial number districts departed significantly ideal total range deviation least arguably almost depending mode calculation district pointed evidence presented case state attempted explain terms rational state policy failure create districts equal population nearly practicable state sought justify single deviation precise mathematical equality lengthy depositions members legislative redistricting board staff members actual drawing legislative district lines devoid meaningful indications standards used supp wd tex ii proposition certain deviations equality district population small lack constitutional significance repeatedly urged failed achieve precise equality never commanded majority indeed kirkpatrick preisler expressly rejected argument fixed numerical percentage population variance small enough considered de minimis satisfy without question nearly practicable standard whole thrust nearly practicable approach inconsistent adoption fixed numerical standards excuse population variances without regard circumstances particular case moreover even kirkpatrick deemed inapplicable apportionment state legislative districts reasoning gave rise rejection de minimis approach fully applicable case us pointed nearly practicable standard standard controls legislative apportionment well congressional districting reynolds sims supra demands state make effort achieve precise mathematical equality equal representation equal numbers people principle designed prevent debasement voting power diminution access elected representatives toleration even small deviations detracts purposes kirkpatrick recognized consider certain range variances de minimis encourage legislators strive range rather equality nearly practicable although purporting quarrel principle precise mathematical equality constitutionally mandated goal reapportionment today establishes wide margin tolerable error thereby undermines effort effectuate principle clear state legislatures state federal courts viewed kirkpatrick controlling issue legislative apportionment outgrowth assumption truly extraordinary record compliance constitutional mandate appellees make point forcefully comparing extent inequality population legislative districts prior year decision kirkpatrick extent inequality subsequent years prior range variances population state senatorial districts exceeded three reduced total variance two cut variance one reduced variance record apportionment state house districts even less encouraging variances excess characterized two one brought total variance improvement years dramatic table provided appellees set full margin reveals almost total variance population senatorial districts within zero information available reduced total variance eight failed bring total variance regard house districts improvement similar basis information concerning appears achieved total variance less retained districts total variance constitutional ideal appreciate significance encouraging development important understand demand precise mathematical equality rests neither scholastic obsession abstract numbers rigid insensitivity political realities reapportionment process paramount concern remained individual personal right right equal vote result decision state legislative apportionment controversy may require restructuring geographical distribution seats state legislature judicial focus must concentrated upon ascertaining whether discrimination certain state citizens constitutes impermissible impairment constitutionally protected right vote reynolds sims supra demanded equality district population precisely insure weight person vote depend district lives conclusion state may without articulated justification deliberately weight person votes heavily others seems fundamentally odds purpose rationale reapportionment decisions regrettably today decisions likely jeopardize substantial gains made last four years moreover approach ascribes much importance abstract numbers little realities malapportionment kirkpatrick demand precise equality district population rather de minimis approach establishing arbitrary cutoff point expressed terms total percentage variance constitutional ideal fails recognize percentage figures tend hide total number persons affected unequal weighting votes texas case example district pointed total deviations dallas bexar counties respectively amount people people total around people percentage deviation figures shorthand method expressing loss dilution disproportionate weighting votes reynolds concluded legislators represent people trees cows emphasize legislators represent people percentages people fortson dorsey held multimember district per se unconstitutional equal protection clause even though previously recognized certain inherently undesirable features device see lucas colorado general assembly concluded however use device fact unconstitutional operates minimize cancel voting strength racial political elements voting population burns richardson quoting fortson dorsey supra today decision first sustained attack use multimember districts cf whitcomb chavis regard senatorial districts plan produced total variance although appellees specifically challenge apportionment senatorial districts district properly concluded finding unconstitutional deviation one house required invalidation entire apportionment plan maryland committee fair representation tawes lucas colorado general assembly supra burns richardson supra district pointed state method computing deviations districts may distort actual percentage deviations eleven districts since concluded total deviation result good faith attempt achieve population equality nearly practicable unnecessary us resolve complex computational conflict supp similar conflict existed mahan howell pointed dissenting opinion declined indicate awareness dispute statement sure swann adams minimis deviations unavoidable statement must viewed context way clarification immediately added reynolds opinion limited allowable deviations minor variations based legitimate considerations incident effectuation rational state policy ibid similarly noted quoting roman sincock constitution permits minor deviations may occur recognizing certain factors free taint arbitrariness discrimination swann adams view suggest support proposition deviations great tolerable absence justification explanation state contrast mahan howell supra expressly reaffirmed holding reynolds sims deviations principle constitutionally permissible long divergences strict population standard based legitimate considerations incident effectuation rational state policy quoted mahan howell supra emphasis added view incorrectly concluded mahan howell virginia justified population variations issue nevertheless follow line analysis prescribed earlier decisions requiring state justify every deviation precise equality approach mahan therefore directly odds approach adopted today see also abate mundt kilgarlin hill swann adams supra appellees figures compiled table entitled apportionment legislatures council state governments book pp council state governments reapportionment seventies deviations percentage range deviations number senate house see fortas concurring wells rockefeller white dissenting