White v. Weiser
Opinion of the Court
delivered the opinion of the Court.
This case concerns the congressional reapportionment of the State of Texas.
On June 17, 1971, the Governor of the State of Texas signed into law Senate Bill One (S. B. 1), Tex. Acts, 62d Leg., 1st Called Sess., c. 12, p. 38, providing for the congressional redistricting of the State. S. B. 1 divided the State into 24 congressional districts for the ensuing decennium.
On January 21, 1972, the District Court heard argument and received into evidence various depositions. The next day, the court announced its decision. Relying upon this Court’s decision in Kirkpatrick v. Preisler, 394 U. S. 526 (1969), the District Court declared S. B. 1 unconstitutional and enjoined appellant from “conducting or permitting any primary or general elections based upon the districts established by S. B. 1.” The District-Court ordered the adoption of Plan C as “the plan of this Court for the congressional districts of the State
This Court, on application of appellant, granted a stay of the order of the District Court. 404 TJ. S. 1065 (1972). The 1972 congressional elections were therefore conducted under the plan embodied in S. B. 1. We noted probable jurisdiction of the appeal. 409 U. S. 947 (1972).
The command of Art. I, § 2, that representatives be chosen “by the People of the several States” was elucidated in Wesberry v. Sanders, 376 U. S. 1 (1964), and in Kirkpatrick v. Preisler, 394 U. S., at 527-528, to permit only those population variances among congressional districts that “are unavoidable despite a good-faith effort to achieve absolute equality, or for which justification is shown.” Id., at 531.
The percentage deviations now before us in S. B. 1 are smaller than those invalidated in Kirkpatrick and Wells, but we agree with the District Court that, under the standards of those cases, they were not “unavoidable,” and the districts were not as mathematically equal as reasonably possible. Both Plans B and C demonstrate this much, and the State does not really dispute it.'
The State asserts that the variances present in S. B. 1 nevertheless represent good-faith efforts • by the State to promote “constituency-representative relations,”
Appellant also straightforwardly argues that Kirkpatrick and Wells should be modified so as not to require the “small” population variances among congressional districts involved in this case to be justified by the State. S. B. 1, it is urged, absent proof of invidiousness over and above the population variances among its districts, does not violate Art. I, § 2. It is clear, however, that at some point or level in size, population variances do import invidious devaluation of the individ
II
The District Court properly rejected S. B. 1, but it had before it both Plan B and Plan C, and there remains the question whether the court correctly chose to implement the latter.
“Plan C is based solely on population and is significantly more compact and contiguous than either S. B. 1 or Plan B. . . . The Court has considered Plans B and C . . . and concludes that Plan C best effectuates the principle of 'one man, one vote’ enunciated by the Supreme Court.”
Appellant argues that, even if the District Court properly struck down S. B. 1, it should have selected Plan B rather than Plan C. Appellees defend the selection of Plan C as an exercise of the remedial discretion of the District Court, although in doing so they argue against a plan that they proposed and frequently urged upon the District Court.
From the beginning, we have recognized that “reapportionment is primarily a matter for legislative consideration and determination, and that judicial relief becomes appropriate only when a legislature fails to reapportion according to federal constitutional requisites
Here, it is clear that Plan B, to a greater extent than did Plan C, adhered to the desires of the state legislature while attempting to achieve population equality among districts. S. B. 1, a duly enacted statute of the State of Texas, established the State’s 24 congressional districts with locations and configurations found appropriate by the duly elected members of the two houses of the Texas Legislature. As we have often noted, reapportionment is a complicated process. Districting
Plan B, as all parties concede, represented an attempt to adhere to the districting preferences of the state legislature while eliminating population variances. Indeed, Plan B achieved the goal of population equality to a greater extent than did Plan C. Despite the existence of Plan B, the District Court ordered implementation of Plan C, which, as conceded by all parties, ignored legislative districting policy and constructed districts solely on the basis of population considerations. The District Court erred in -this choice. Given the alternatives, the court should not have imposed Plan C, with its very different political impact, on the State. It should have implemented Plan B, which most clearly approximated the reapportionment plan of the state legislature, while satisfying constitutional requirements. The court said only that Plan C is “significantly more compact and contiguous” than Plan B. But both Plan B and Plan C feature contiguous districts, and, even if the districts in Plan C can be called more compact, the District Court’s preferences do not override whatever state goals were embodied in S. B. 1 and, derivatively, in Plan B. “The remedial powers of an equity court must be adequate to the task, but they are not unlimited. Here the District Court erred in so broadly brushing aside state apportionment policy without solid constitutional or equitable grounds for doing so.” Whitcomb v. Chavis, supra, at 161. If there was a good reason for adopt
Of course, the District Court should defer to state policy in fashioning relief only where that policy is consistent with constitutional norms and is not itself vulnerable to legal challenge. The District Court should not, in the name of state policy, refrain from providing remedies fully adequate to redress constitutional violations which have been adjudicated and must be rectified. But here, the District Court did not suggest or hold that the legislative policy of districting so as to preserve the constituencies of congressional incumbents was unconstitutional or even undesirable. We repeat what we have said in the context of state legislative reapportionment: “The fact that district boundaries may have been drawn in a way that minimizes the number of contests between present incumbents does not in and of itself establish invidiousness.” Burns v. Richardson, 384 U. S., at 89 n. 16. Cf. Gaffney v. Cummings, ante, at 752; Taylor v. McKeithen, 407 U. S. 191 (1972). And we note that appellees themselves submitted Plan B to the District Court and defended it on the basis that it adhered to state goals, as embodied in S. B. 1, while eliminating impermissible deviations.
The judgment of the District Court invalidating S. B. 1 is affirmed. The adoption of Plan C is, however, reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Prior to the passage of S. B. 1, the Texas Senate had twice defeated redistricting bills, passed by the House, with total deviations smaller than the total deviation in S. B. 1.
The redistricting of the 24 Texas congressional districts under S. B. 1 follows:
At a subsequent pretrial conference, the Fourteenth Amendment claims were eliminated.
Plan B resulted in the following districting:
District Population Absolute Variance from Ideal
1 466,545 + 15
2 466,565 + 35
3 466,266 -264
4 466,234 -296
5 466,620 + 90
466,285 6 -245
466,336 7 -194
466,704 8 + 174
466,678 9 + 148
466,313 10 -217
466,258 11 -272
466,930 12 +400
466,663 13 + 133
466,437 14 - 93
466,359 15 -171
466,663 16 + 133
466,432 17 - 98
466,520 18 - 10
466,649 19 + 119
466,514 20 - 16
466,753 21 +223
466,707 22 + 177
466,424 23 -106
466,875 24 +345
Plan C resulted in the following districts:
District Population Absolute Variance from Ideal
1 465,986 -544
2 466,817 +287
3 466,835 +305
4 467,108 +578
5 466,258 -272
6 467,023 +493
7 466,336 -194
8 466,704 +174
9 466,678 +148
10 466,303 -227
11 466,569 + 39
12 466,926 +396
13 467,173 +648
14 466,437 - 93
15 466,359 -171
16 465,941 -589
17 466,340 -190
18 466,520 - 10
19 466,154 -376
20 466,654 +124
21 466,875 +345
22 466,707 +177
23 466,167 -363
24 465,855 -675
The District Court’s entire discussion of its reasons for selecting Plan C follows:
“Defendant has not submitted any plan of reapportionment as an alternative to S. B. 1. Plaintiffs have proposed two plans, B and C. Plan B is based on S. B. 1, but has a significantly lower deviation than S. B. 1. Plan C is based solely on population and is significantly more compact and contiguous than either S. B. 1 or Plan B. . . . The Court has considered Plans B and C, as well as the plan submitted by the intervening plaintiffs, and concludes that Plan C best effectuates the principle of ‘one man, one vote’ enunciated by the Supreme Court.”
The District Court's order also granted leave to intervene to Van Henry Archer, Chairman of the Bexar County Republican Party, and others. The intervenors, appellees in this Court, filed a suggested reapportionment plan with their complaint-in-intervention which was rejected by the District Court and is not pressed here. The District Court also retained jurisdiction for the purpose of extending the impending February 7, 1972, filing date for congressional candidates “in the event it is made known to [the District] Court that a called session of the Legislature will include congressional reapportionment.” However, the Governor refused to call a special session of the legislature.
Kirkpatrick v. Preisler “reject[ed] Missouri’s argument that there is a fixed numerical or percentage population variance small enough to be considered de minimis and to satisfy without question the ‘as nearly as practicable’ standard.” 394 U. S., at 530. We concluded, “Unless population variances among congressional districts are shown to have resulted despite such [good-faith] effort, the State must justify each variance, no matter how small.” Id., at 531.
Prior to the passage of S. B. 1, the Texas House twice passed a congressional reapportionment bill with lower deviations. Each bill had a total deviation of 2.5%. Although both bills were ultimately defeated in the Senate, their passage by the House, and indeed their very existence, indicates that it was possible and practicable to construct a redistricting scheme with lower population deviations among districts than those embodied in S. B. 1.
“Appellant earnestly submits that the term 'constituency-representative relations’ is the more accurate term; indeed it is very hard to see why those who are so concerned about representation should stigmatize as a mere euphemism a term which brings in both parties to the representational relationship .... (The assumptions seem to be that while a Congressman may like his job, no constituency can like its Congressman, or care whether he continues to represent it or not — and that no Congressman can possibly learn to know his constituency well enough to serve it better than he can serve another constituency selected for him by, it may be, a young mathematician in Dallas.) Under either name, appellant would defend this motive as entirely proper, if the burden of that defense fell upon him on the facts herein.” Brief for Appellant 72.
It appears that the two plans passed by the House and defeated by the Senate may also have fostered this goal while achieving lower population variances.
Appellant contends that the authors of S. B. 1, and the legislature in passing on the plan, took into account projected population shifts among the districts. Remembering that the congressional districting plan will be in effect for at least 10 years and five congressional elections, the appellant argues that the legislature might properly consider population changes in devising a redistricting plan. In Kirkpatrick v. Preisler, we recognized that “[w]here these shifts can be predicted with a high degree of accuracy, States that are redistrieting may properly consider them.” 394 U. S., at 535. We were, however, careful to note:
“By this we mean to open no avenue for subterfuge. Findings as to population trends must be thoroughly documented and applied throughout the State in a systematic, not an ad hoc, manner.” Ibid.
In the present case, we conclude that Texas’ attempt to justify the deviations found in S. B. 1 falls far short of this standard. The record is barren, with the exception of scattered and vague assertions in deposition testimony, of adequate documentation of the projected population shifts and firm evidence that the alleged shifts were in fact relied upon.
There is also some suggestion that passage of S. B. 1 was preceded by a dispute as to who would fill the Second District congressional seat. The State does not urge this alleged goal as a justification for the deviations in S. B. 1, nor can we tell from this record whether S. B. 1 in fact resolved this dispute.
The court had before it a plan submitted by the plaintiffs-intervenors and, possibly, other plans. Only Plan B and Plan C appear to have been seriously urged by the parties and considered by the court, and only those plans are defended before this Court.
“Plan B, presented by Appellees, merely took the plan of the legislature and adjusted that plan to achieve greater equality to present to the court, in a graphic manner, what the legislature could
Appellees’ amended complaint explained Plan C, as follows:
“That had the legislature desired to enact a statute consonant with the mandate of Article I, § 2 of the U. S. Constitution, that is a plan which made each district as compact and contiguous and as nearly equal in population to each other district as practicable, taking into account solely population and not taking into account 'social/ 'cultural/ 'economic’ or ‘other factors’ including preservation of incumbent congressman, it could have enacted a plan the same as or substantially similar to that plan set forth in Exhibit C annexed hereto and herewith incorporated by reference as though set forth at length herein. That such plan is hereinafter referred to as ‘Plan C.’”
S. B. 1 is conceded also to have sought adherence to county lines. While Plan B admittedly cuts more county lines than does Plan C, it also achieves lower deviations. Because both Plan B and Plan C were required to fracture more political boundaries than did S. B. 1, in order to achieve population equality among districts, appellant does not contend that Plan B is unacceptable because of more cutting of county lines.
Concurring Opinion
concurring in part.
While I join Part I of the Court’s opinion, I can agree with Part II wherein the Court reverses the District
See, e. g., Maryland Committee for Fair Representation v. Tawes, 377 U. S. 656, 676 (1964); Ely v. Klahr, 403 U. S. 108, 114 (1971); Burns v. Richardson, 384 U. S. 73, 84-85 (1966).
Concurring Opinion
with whom The Chief Justice and Mr. Justice Rehnquist join, concurring.
Had I been a member of the Court when Kirkpatrick v. Preisler, 394 U. S. 526 (1969), and Wells v. Rockefeller, 394 U. S. 542 (1969), were decided, I would not have thought that the Constitution — -a vital and living charter after nearly two centuries because of the wise flexibility of its key provisions — could be read to require a rule of mathematical exactitude in legislative reapportionment. Moreover, the dissenting opinions of Justices Harlan
However all of this may be, Kirkpatrick is virtually indistinguishable from this case, and unless and until the Court decides to reconsider that decision, I will follow it. Accordingly, I join the Court’s opinion.
Mr. Justice Stewart joined Mr. Justice Harlan’s opinion.
Reference
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