State ex rel. Cooper v. Tennant
730 S.E.2d 368
W. Va.2012Background
- Legislature enacted SB 1006 (Senate redistricting) on August 5, 2011 and HB 201 (House redistricting) on August 21, 2011, prompted by 2010 census data.
- HB 201 created 67 delegate districts (20 multi-member, 47 single-member) with a maximum population deviation of 9.99% from the ideal 18,530 per delegate.
- Petitioners Cooper (and others), Andes and Monroe County Commission, challenge HB 201; Cooper also challenges SB 1006; Callen seeks to strike SB 1006 as unconstitutional; Secretary Tennant defends.
- The Court issued a Rule to Show Cause, heard oral argument November 17, 2011, and issued a November 23, 2011 order upholding both plans as constitutional; the opinion explains that basis.
- The court emphasizes its limited, deferential role in reviewing legislative redistricting, applying federal and state standards to determine if there is a constitutional violation, not to pick a preferred plan.
- Writs of mandamus/prohibition are denied; the Legislature’s plans are deemed constitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| HB 201 constitutionality under WV Constitution | Cooper argues Article VI and Article II violations and unequal representation. | Tennant defends HB 201 as constitutional under state and federal standards. | HB 201 constitutional |
| Delegate residency dispersal provision validity | Cooper asserts dispersal violates Article IV §4 and Article VI §§12,39. | Secretary argues the dispersal serves valid public purposes and is a long-standing WV practice. | Constitutional |
| Adherence to county boundaries in HB 201 | Andes/Monroe County Commission contend counties should remain intact; crossing lines dilutes representation. | Court weighs legislative balancing and SB 1006 policy interests; not a constitutional defect to cross county lines. | Not violative; permissible balancing |
| SB 1006 Senate plan constitutionality | Cooper argues population deviation/state equal representation may be violated; seeks stricter WV standards. | Secretary argues SB 1006 satisfies federal equal protection; balancing factors justify deviations. | SB 1006 constitutional |
| Partisan gerrymandering and justiciability | Andes claims partisan gerrymandering invalidates SB 1006/HB 201; seeks relief. | Court should not intrude on political questions; no manageable standard to strike gERRYMANDERING claims. | Gerrymandering claims not justiciable; no relief |
Key Cases Cited
- Reynolds v. Sims, 377 U.S. 533 (1964) (requires substantial equality of population among districts)
- Gaffney v. Cummings, 412 U.S. 735 (1973) (recognizes state latitude and political considerations in redistricting)
- Brown v. Thomson, 462 U.S. 835 (1983) (deviations under 10% generally permissible for equal representation)
- Deem v. Manchin, 188 F.Supp.2d 651 (2002) (upholds state plans with deviations above 10% if rational public policy goals justify)
- Holloway v. Heckler, 817 F.Supp. 617 (1992) (multi-member districts not per se unconstitutional; discusses districting factors)