kirkpatrick
preisler
argued
january
decided
april
together
heinkel
et
al
preisler
et
also
appeal
missouri
congressional
redistricting
statute
created
districts
varied
ideal
based
census
figures
district
found
state
legislature
relied
census
reports
used
less
accurate
data
rejected
plan
smaller
variances
simply
switching
counties
one
district
another
produced
plan
markedly
reduced
variances
accordingly
held
statute
meet
constitutional
standard
equal
representation
nearly
practicable
state
failed
provide
acceptable
justification
variances
held
art
requires
create
congressional
districts
provide
equal
representation
equal
numbers
people
limited
population
variances
unavoidable
despite
effort
achieve
absolute
equality
justification
shown
pp
establishment
acceptable
de
minimis
variance
arbitrary
inconsistent
nearly
practicable
standard
commanded
art
encourage
legislators
strive
de
minimis
range
rather
equality
population
variances
among
missouri
congressional
districts
unavoidable
pp
unless
population
variances
among
districts
shown
resulted
despite
state
effort
achieve
equality
state
must
justify
variance
matter
small
missouri
justified
variances
pp
variances
based
creation
districts
specific
interest
orientations
contrary
constitutional
requirement
equal
representation
consideration
practical
partisan
politics
justify
population
disparities
pp
even
assuming
apportionment
may
based
eligible
voter
population
rather
total
population
missouri
made
serious
attempt
ascertain
number
eligible
voters
district
apportion
basis
pp
population
shifts
accurately
predicted
may
properly
consider
apply
missouri
done
throughout
state
systematic
manner
claims
geographic
compactness
may
require
deviations
equality
generally
unconvincing
missouri
claim
compactness
based
merely
unaesthetic
appearance
congressional
boundaries
map
result
changes
achieve
greater
equality
pp
thomas
downey
first
assistant
attorney
general
missouri
argued
cause
appellants
briefs
norman
anderson
attorney
general
pro
se
louren
wood
assistant
attorney
general
david
collins
argued
cause
filed
brief
appellants
irving
achtenberg
argued
cause
appellees
cases
brief
paul
preisler
pro
se
justice
brennan
delivered
opinion
wesberry
sanders
held
hile
may
possible
draw
congressional
districts
mathematical
precision
art
constitution
requires
nearly
practicable
one
man
vote
congressional
election
worth
much
another
required
cases
elucidate
nearly
practicable
standard
missouri
congressional
redistricting
statute
challenged
cases
resulted
state
second
attempt
congressional
redistricting
since
wesberry
decided
district
western
district
missouri
declared
missouri
congressional
districting
act
effect
unconstitutional
wesberry
withheld
judicial
relief
legislature
state
missouri
opportunity
deal
problem
preisler
secretary
state
missouri
supp
thereafter
general
assembly
missouri
enacted
redistricting
statute
statute
declared
unconstitutional
district
however
retained
jurisdiction
review
plan
might
enacted
preisler
secretary
state
missouri
supp
aff
sub
nom
kirkpatrick
preisler
general
assembly
enacted
statute
attack
mo
rev
cum
supp
attorney
general
missouri
moved
district
declaration
sustaining
act
order
dismissing
case
based
best
population
data
available
legislature
census
figures
absolute
population
equality
among
missouri
congressional
districts
mean
population
district
districts
created
act
however
varied
ideal
within
range
difference
least
populous
districts
thus
percentage
terms
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mathematical
ideal
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populous
district
found
general
assembly
fact
relied
census
figures
instead
based
plan
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accurate
data
addition
district
found
general
assembly
rejected
redistricting
plan
submitted
provided
districts
smaller
population
variances
among
finally
district
found
simple
device
switching
counties
one
district
another
produced
plan
markedly
reduced
variances
among
districts
based
findings
district
one
judge
dissenting
held
act
meet
constitutional
standard
equal
representation
equal
numbers
people
nearly
practicable
state
failed
make
acceptable
justification
variances
supp
noted
probable
jurisdiction
stayed
district
judgment
pending
appeal
expressly
authorized
state
conduct
congressional
elections
pursuant
act
affirm
missouri
primary
argument
population
variances
among
districts
created
act
small
considered
de
minimis
reason
satisfy
nearly
practicable
limitation
require
independent
justification
alternatively
missouri
argues
justification
variances
established
evidence
contended
general
assembly
provided
variances
legitimate
regard
factors
representation
distinct
interest
groups
integrity
county
lines
compactness
districts
population
trends
within
state
high
proportion
military
personnel
college
students
nonvoters
districts
political
realities
legislative
interplay
reasons
rejecting
de
minimis
approach
see
nonarbitrary
way
pick
cutoff
point
population
variances
suddenly
become
de
minimis
moreover
consider
certain
range
variances
de
minimis
encourage
legislators
strive
range
rather
equality
nearly
practicable
district
found
example
least
one
leading
missouri
legislator
deemed
proper
attempt
achieve
level
variance
rather
seek
population
equality
equal
representation
equal
numbers
people
principle
designed
prevent
debasement
voting
power
diminution
access
elected
representatives
toleration
even
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deviations
detracts
purposes
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command
art
create
congressional
districts
provide
equal
representation
equal
numbers
people
permits
limited
population
variances
unavoidable
despite
effort
achieve
absolute
equality
justification
shown
clearly
population
variances
among
missouri
congressional
districts
unavoidable
indeed
seriously
contended
missouri
legislature
came
close
equality
might
come
district
found
contrary
two
reapportionment
efforts
missouri
legislature
since
wesberry
leadership
political
parties
senate
house
given
nothing
better
work
makeshift
bill
produced
candidly
recognized
expedient
political
compromise
legislative
proponents
act
frankly
conceded
district
hearing
resort
simple
device
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entire
political
subdivisions
known
population
contiguous
districts
produced
districts
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numerical
equality
district
found
moreover
missouri
legislature
relied
inaccurate
data
constructing
districts
rejected
without
consideration
plan
markedly
reduced
population
variances
among
districts
finally
simply
inconceivable
population
disparities
magnitude
found
missouri
plan
unavoidable
new
york
apportionment
plan
regions
divided
districts
almost
absolute
population
equality
described
wells
rockefeller
post
provides
striking
evidence
state
legislature
tries
achieve
almost
complete
numerical
equality
among
state
districts
sum
seems
quite
obvious
state
come
much
closer
providing
districts
equal
population
swann
adams
therefore
turn
question
whether
record
establishes
legally
acceptable
justification
population
variances
burden
state
present
acceptable
reasons
variations
among
populations
various
districts
swann
adams
supra
ii
missouri
contends
variances
necessary
avoid
fragmenting
areas
distinct
economic
social
interests
thereby
diluting
effective
representation
interests
congress
accept
population
variances
large
small
order
create
districts
specific
interest
orientations
antithetical
basic
premise
constitutional
command
provide
equal
representation
equal
numbers
people
either
history
alone
economic
sorts
group
interests
permissible
factors
attempting
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representation
citizens
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economic
interests
cast
votes
reynolds
sims
supra
see
also
davis
mann
also
reject
missouri
argument
reasonableness
population
differences
congressional
districts
review
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interplay
legislative
leaders
testified
act
question
opinion
reasonable
legislative
compromise
must
remembered
practical
political
problems
inherent
enactment
congressional
reapportionment
legislation
agree
district
rule
one
practicability
rather
political
practicality
problems
created
partisan
politics
justify
apportionment
otherwise
pass
constitutional
muster
similarly
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
state
interest
constructing
congressional
districts
manner
suggested
minimize
opportunities
partisan
gerrymandering
argument
deviations
equality
justified
order
inhibit
legislators
engaging
partisan
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variant
argument
already
rejected
considerations
practical
politics
justify
population
disparities
missouri
contends
certain
population
variances
resulted
legislature
taking
account
fact
percentage
eligible
voters
among
total
population
differed
significantly
district
district
districts
contained
disproportionately
large
numbers
military
personnel
stationed
bases
maintained
armed
forces
students
attendance
universities
colleges
may
question
whether
distribution
congressional
seats
except
according
total
population
ever
permissible
art
assuming
without
deciding
apportionment
may
based
eligible
voter
population
rather
total
population
missouri
plan
still
unacceptable
missouri
made
attempt
ascertain
number
eligible
voters
district
apportion
accordingly
best
made
haphazard
adjustments
scheme
based
total
population
overpopulation
eighth
district
explained
away
presence
district
military
base
university
attempt
made
account
presence
universities
districts
disproportionate
numbers
newly
arrived
residents
city
louis
even
eighth
district
indication
excess
population
allocated
district
corresponds
alleged
extraordinary
additional
numbers
noneligible
voters
missouri
also
argues
population
disparities
congressional
districts
result
legislature
attempt
take
account
projected
population
shifts
recognize
congressional
districting
plan
usually
effect
least
years
five
congressional
elections
situations
may
arise
substantial
population
shifts
period
anticipated
shifts
predicted
high
degree
accuracy
redistricting
may
properly
consider
mean
open
avenue
subterfuge
findings
population
trends
must
thoroughly
documented
applied
throughout
state
systematic
ad
hoc
manner
missouri
attempted
justification
substantial
underpopulation
fourth
sixth
districts
falls
far
short
standard
district
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evidence
general
assembly
adopted
policy
population
projection
devising
districts
district
enacting
act
finally
missouri
claims
deviations
equality
consequence
legislature
attempt
ensure
congressional
district
geographically
compact
however
reynolds
sims
supra
said
modern
developments
improvements
transportation
communications
make
rather
hollow
claims
deviations
representation
validly
based
solely
geographical
considerations
arguments
allowing
deviations
order
insure
effective
representation
sparsely
settled
areas
prevent
legislative
districts
becoming
large
availability
access
citizens
representatives
impaired
today
part
unconvincing
event
missouri
claim
compactness
based
solely
upon
unaesthetic
appearance
map
congressional
boundaries
result
attempt
effect
changes
district
lines
according
lower
achieve
greater
equality
state
preference
pleasingly
shaped
districts
hardly
justify
population
variances
affirmed
dissenting
opinion
justice
white
see
post
footnotes
variation
district
population
ideal
one
two
three
four
five
six
seven
eight
nine
ten
contrary
appellants
assertion
sustained
constitutionality
congressional
districting
plan
population
variances
magnitude
found
missouri
plan
connor
johnson
issue
presented
whether
districting
plan
involved
racial
gerrymandering
alton
tawes
kirk
gong
involved
situations
lower
courts
reapportioned
districts
emergency
basis
affirmances
based
agreement
use
plans
circumstance
view
plans
question
achieved
equality
nearly
practicable
brief
appellants
dubious
event
temptation
gerrymander
much
inhibited
since
legislature
still
free
choose
several
subdivisions
political
complexion
include
particular
congressional
district
besides
opportunities
gerrymandering
greatest
freedom
construct
unequally
populated
districts
artistry
political
cartographer
put
highest
test
must
work
constituencies
equal
population
times
skills
compared
surgeon
work
fixed
arduous
rules
however
mapmaker
free
allocate
varying
populations
different
districts
butcher
cleaver
replaces
scalpel
results
reflect
sharply
difference
method
operation
hacker
congressional
districting
rev
justice
fortas
concurring
concur
judgment
cases
subscribe
standard
announces
obligatory
upon
state
legislatures
facing
difficult
problem
reapportionment
congressional
elections
wesberry
sanders
recognized
may
possible
draw
congressional
districts
mathematical
precision
held
constitution
requires
drawn
nearly
practicable
representative
cast
vote
behalf
number
people
interprets
nearly
practicable
mean
state
required
make
effort
achieve
precise
mathematical
equality
also
requires
remaining
population
disparities
matter
small
justified
proceeds
reject
seriatim
every
type
justification
possibly
every
one
advanced
agree
state
legislatures
required
make
effort
achieve
result
allocates
population
residents
state
roughly
equal
numbers
district
based
upon
orderly
objective
method
view
state
properly
arrive
figures
current
population
taking
latest
census
returns
making
modifications
allow
population
movements
since
last
census
seems
find
acceptable
also
opinion
discount
census
figures
take
account
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significant
transient
nonresident
population
particular
areas
adjustment
indicates
doubt
state
proceed
appropriate
population
basis
suggested
producing
approximately
equal
districts
trial
courts
judgment
justified
declining
disapprove
result
merely
small
disparities
absence
evidence
gerrymandering
deliberate
arbitrary
distortion
district
boundaries
populations
partisan
personal
political
purposes
considering
whether
state
approximated
equal
division
allocation
population
sympathize
majority
view
de
minimis
rule
allowable
disparities
tends
demean
theory
practice
constitutional
objective
suggests
necessary
even
aim
equality
hand
reject
de
minimis
statement
limits
rule
equality
lead
us
toss
aside
wise
recognition
inscrutability
fact
imperfection
man
implicit
wesberry
standard
nearly
practicable
phrase
refer
merely
arithmetical
possibilities
arithmetically
possible
achieve
division
state
districts
precisely
equal
size
measured
decennial
census
population
base
carry
theoretical
possibility
however
legislature
might
ignore
boundaries
common
sense
running
congressional
district
line
middle
corridor
apartment
house
even
dividing
residents
house
two
districts
majority
opinion
suggest
extreme
practical
application
teaching
mention
example
may
dramatize
fallacy
inflexible
insistence
upon
mathematical
exactness
tolerance
reality
whatever
might
merits
insistence
absolute
equality
attained
majority
pursuit
precision
search
fact
solution
apportionment
districting
problem
best
approximation
based
upon
figures
always
degree
obsolete
purpose
served
insistence
precision
unattainable
inherent
imprecisions
population
data
districting
must
based
base
missouri
legislature
adhered
precisely
according
majority
decennial
census
legislature
plan
review
enacted
assuming
perfect
precision
census
taken
movement
population
within
state
well
migration
substantial
disparities
arisen
real
distribution
population
state
reflected
census
base
zealously
protected
nothing
said
taken
indicating
believe
wesberry
standard
requires
high
degree
correspondence
demonstrated
population
residence
figures
district
divisions
fix
least
relatively
early
stage
reapportionment
effort
percentage
figure
permissible
variation
present
cases
however
agree
judgment
district
affirmed
history
reapportionment
legislature
failure
comply
plain
patient
directions
district
failure
legislature
use
either
accurate
census
figures
systematically
obtained
figures
districts
factors
strongly
support
district
refusal
accept
missouri
plan
true
average
variation
majority
quaintly
calls
ideal
meaning
census
figures
three
districts
variation
also
true
finding
gerrymandering
regardless
possibility
variances
within
range
might
situations
considered
tolerable
within
wesberry
standard
agree
sustain
district
rejection
plan
light
history
cases
record
plan
preparation
find
constitutionally
entirely
acceptable
state
base
apportionment
numbers
residents
rather
total
population
district
time
districts
established
permit
adjustments
take
account
example
distortions
resulting
large
numbers
nonresidents
military
installations
colleges
area
avery
midland
county
argued
dissenting
opinion
consideration
disparate
local
interests
might
appropriate
respect
defining
certain
types
local
government
units
exercising
limited
governmental
powers
noted
however
factors
justify
departing
one
man
one
vote
theory
state
legislatures
might
add
congressional
districts
general
basic
nature
function
performed
basic
enumeration
error
census
variation
observed
successive
enumerations
area
low
second
surveys
selected
areas
conducted
specially
trained
enumerators
produced
counts
varying
whole
population
counts
regular
enumerators
particular
groups
population
variance
significantly
larger
see
bureau
census
evaluation
research
program
censuses
population
housing
accuracy
data
population
characteristics
measured
ser
table
far
significant
variations
successive
enumerations
errors
virtually
undercountings
produced
inherent
limitations
enumerating
system
census
bureau
estimate
indicates
census
counted
whole
population
people
found
counted
enumerators
undercounting
evenly
distributed
whole
population
instead
members
certain
groups
notably
young
adult
negroes
far
likely
missed
enumerators
nonwhites
age
groups
census
estimated
understate
actual
population
young
adult
negro
males
undercounting
reached
nearly
age
groups
see
generally
siegel
completeness
coverage
nonwhite
population
census
current
estimates
implications
report
conference
social
statistics
city
washington
june
heer
heavily
undercounted
groups
evenly
distributed
country
differential
rates
undercounting
produce
divergences
actual
relative
populations
particular
areas
indicated
census
census
bureau
estimated
missouri
counties
lost
population
gained
independent
city
louis
lost
louis
county
gained
outside
louis
city
county
absolute
change
ranged
increase
charles
county
decrease
dunklin
county
percentage
change
ranged
increase
charles
county
decrease
holt
county
estimates
population
counties
july
report
current
population
reports
population
estimates
ser
bureau
census
october
cf
reynolds
sims
present
deem
expedient
attempt
spell
precise
constitutional
tests
marginally
permissible
one
state
may
unsatisfactory
another
depending
particular
circumstances
case
developing
body
doctrine
basis
appears
us
provide
satisfactory
means
arriving
detailed
constitutional
requirements
area
state
legislative
apportionment