Supreme Court of the United States
Mahan v. Howell
February 21, 1973410 U.S. 315
Summary
The Court held that Virginia's House of Delegates reapportionment plan was constitutional even though it produced a maximum population deviation of 16.4%, because the deviations resulted from a rational state policy of preserving political-subdivision boundaries and remained within tolerable limits. It also upheld the district court's interim multimember remedy for the State Senate because the legislative plan assigned military personnel to districts where they did not reside and the remedy was adopted under severe electoral time pressures. Justice Brennan, joined by Justices Douglas and Marshall, concurred in the Senate ruling but would have affirmed the judgment invalidating the House plan.
Holding
- House of Delegates reapportionment. Virginia's House reapportionment plan did not violate the Equal Protection Clause. Unlike congressional reapportionment, state legislative redistricting permits some population deviations when they are based on legitimate considerations incident to a rational state policy, and the 16.4% deviation here remained within tolerable constitutional limits.
- State Senate interim remedy. The district court acted within its discretion by combining three Senate districts into one interim multimember district for the affected election.
Docket 71-364
Cited authorities
- 28 U.S.C. §§ 2281
- Va. Code Ann. § 24.1-14.1
- 79 Stat. 439