Posted by AzBlueMeanie:
The U.S. Supreme Court opens its new term on the first Monday in October. Last week the Court held its pre-term conference. One decision was reached at conference. The Court — by an apparent unanimous vote — told lower-court judges not to insist on close-to-zero differences in the population of each of a state’s districts for choosing members of the U.S. House of Representatives. Lyle Denniston reports, Opinion recap: Hedging on “one person, one vote” : SCOTUSblog:
Zero variance” in population is not the new constitutional norm for redistricting, the Court made clear. Just because computers can produce almost exactly equal-sized districts, the Constitution does not require it, the decision said.
After sitting on the case from West Virginia all summer long, the Court produced an eight-page, unsigned ruling that largely deferred to the wishes of that state’s legislature on how to craft the three districts for choosing its House delegation. The opinion can be found here.
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Tuesday’s ruling gave state legislators constitutional permission to have some variation in size between congressional districts, if the lawmakers do so to protect incumbents from having to run against each other, to avoid splitting up counties, and to avoid moving many people into a new district from the one where they had previously cast their votes. In what appeared to be a novel new declaration, the Court stressed that lower courts should not demand that a state prove specifically how each of those goals would be satisfied by moving away from equally populated districts. And, in another legal innovation, the Court said that a variation that is not really very big does not become a constitutionally suspect one just because a sophisticated computer program could be used to avoid nearly all such variations.
If the difference between a state’s largest House district and its smallest one is small — such as the 0.79% deviation in the West Virginia plan — that does not become unconstitutionally large just because it could be avoided by “technological advances in redistricting and mapping software.”