Evenwel v. Abbott

Under the one-person, one-vote principle, jurisdictions must design legislative districts with equal populations. In state and local legislative districting, states may deviate from perfect population equality to accommodate traditional districting objectives. Where the maximum population deviation between the largest and smallest district is less than 10%, a state or local legislative map presumptively complies with the rule. Texas, like all other states, uses total-population numbers from the decennial census when drawing legislative districts. After the 2010 census, Texas adopted a State Senate map that has a maximum total-population deviation of 8.04%. However, measured by a voter-population baseline—eligible voters or registered voters—the map’s maximum population deviation exceeds 40%. Objectors unsuccessfully sought an injunction. The Supreme Court affirmed. The Framers endorsed allocating House seats to states based on total population. Debating what would become the Fourteenth Amendment, Congress reconsidered the proper basis for apportionment and rejected proposals to allocate House seats to states based on voter population. A voter-population rule is inconsistent with Supreme Court precedent that states and localities may comply with the one-person, one-vote principle by designing districts with equal total populations. Adopting voter-eligible apportionment would upset a well-functioning approach to districting that all 50 states and countless local jurisdictions have long followed. Representatives serve all residents. Nonvoters have an important stake in policy debates and in constituent services. View "Evenwel v. Abbott" on Justia Law