Earl Warren

“ Plaintiffs below alleged that the apportionment of seats in the Delaware Legislature resulted in an 'invidious discrimination as to the inhabitants of New Castle County and the City of Wilmington,' operated to deny them the right to cast votes for Delaware legislators 'that are of equal effect with that of every other citizen of the State of Delaware,' and was arbitrary and capricious in failing to provide a reasonable classification of those voting for members of the Delaware General Assembly. ”

“ A majority of the members of the House would be elected, under the 1963 amendment, from districts with only about 28% of the State's total population. And, since the 1963 amendment added two Senate seats each for the two smaller counties, the change in senatorial apportionment would result in two-thirds of the Senate being elected from districts where only about 31% of the State's population reside. About 21% of the State's population would be represented by a majority of the members of the Delaware Senate, under the 1963 reapportionment. ”

“ Rather, the proper judicial approach is to ascertain whether, under the particular circumstances existing in the individual State whose legislative apportionment is at issue, there has been a faithful adherence to a plan of population-based representation, with such minor deviations only as may occur in recognizing certain factors that are free from any taint of arbitrariness or discrimination. ”