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“ONE-PERSON

Evenwel, et al. v. Abbott, et al.

Issues

Does the “one-person, one-vote” principle of the Fourteenth Amendment’s Equal Protection Clause permit states  to draw  their legislative districts on the basis of total population, or does it require States to use voter population?

 

In this case, the Supreme Court will decide the Fourteenth Amendment’s “one-person, one-vote” principle requires states to apportion eligible voters equally across districts. See Reply Brief for Appellants, Sue Evenwel et al. at 2. The Texas Constitution requires that the State legislature reapportion its legislative districts after each federal decennial census. See Evenwel et al. v. Perry et al., 14-CV-335-LY-CH-MHS, at 2 (W.D. Tex. Nov. 5, 2014). In 2013, Texas adopted a new redistricting plan (“Plan S172”). See id. at 2. Texas drew its senatorial districts based only on total population. See id. at 2–3. Sue Evenwel is a registered Texas voter. See id. at 2. Evenwel argues that the one-person,  one-vote  principle requires states to divide their districts so that they each comprise a substantially equal number of eligible voters. See Brief for Appellants, Sue Evenwel et al. at 19. Texas Governor Greg Abbott contends that the Constitution does not require states to utilize any specific measure, and thus they are free to equalize districts on the basis of total population. See Brief for Appellees, Greg Abbott et al. at 43–44. The Court’s decision could affect the voting power of eligible voters, and the method and amount of data collection states must engage in to constitutionally apportion voting districts.  

Questions as Framed for the Court by the Parties

Did the three-judge district court correctly hold that the “one-person, one-vote” principle under the Equal Protection Clause allows States to use total population, and does not require States to use voter  population,  when apportioning state legislative districts?

After each federal decennial census, the Texas Constitution requires that the State legislature reapportion its legislative districts. See Evenwel et al. v. Perry et al., 14-CV-335-LY-CH-MHS, at 2 (W.D. Tex. Nov.

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