567 U.S. 758
SCOTUS2012Background
- WV's 2011 redistricting plan SB 1008 conformed to some neutral policies (no county splitting; minimal disruption; preserved core districts) but produced a 0.79% population variance.
- Plaintiffs (Tennant et al.) challenged the plan under Article I, §2 and WV Constitution, seeking to enjoin implementation.
- The State conceded it could have adopted a plan with smaller population variations but argued legitimate state policies justified the variance in SB 1008.
- The district court issued an injunction, doubting the state's justification and faulting the record linking the variance to county boundaries or core preservation.
- The Supreme Court reversed, holding SB 1008's variance justified by legitimate objectives, and remanded for remaining WV constitutional issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 0.79% variance is justifiable under Karcher two-prong test | Tennant: variance not justified; insufficient record | State: variance justified by policies (county boundaries, incumbents, cores) | Yes; SB 1008 justified under Karcher |
| Whether improved technology converts minor variance into major | Tennant: technology makes no difference to Karcher | State: efficiency of mapping could alter acceptability | No; 0.79% remains minor variance justified by objectives |
| Whether avoiding contests between incumbents is a valid neutral objective | Tennant: not adequately tied to variance | State: legitimate objective supporting SB 1008 | Yes; valid objective supported by plan |
| Whether the district court erred in not applying Karcher to each objective | Tennant: misapplied standard by district court | State: deference to political judgment warranted | Yes; deference proper under Karcher |
| Whether remand should address WV constitutional challenges | Tennant: preserve constitutional claims | State: remand appropriate for remaining claims | Remanded for resolution of WV constitutional issues |
Key Cases Cited
- Karcher v. Daggett, 462 U.S. 725 (1983) (two-prong test for population deviations; deference to state policies)
- Wesberry v. Sanders, 376 U.S. 1 (1964) (one person, one vote principle; practical equality of votes)
- West Virginia Civil Liberties Union v. Rockefeller, 336 F. Supp. 395 (S.D. W. Va. 1972) (historical tolerance of small deviations under state policy)
- Graham v. Thornburgh, 207 F. Supp. 2d 1280 (D. Kan. 2002) (preserving cores of districts and related interests)
- Turner v. Arkansas, 784 F. Supp. 585 (E.D. Ark. 1991) (neutral policy objective to minimize population shifts)