John Marshall Harlan II

“ The court found, on the basis of 1960 census statistics, that the population of one of New York's 41 congressional districts varied from the average population of the districts by 15.1%, and that 12 other districts varied from the population average by as much as 10%. It concluded that such a variation from average, without a suitable explanation, 'violates constitutional requirements.' 273 F.Supp. ”

“ It added that ' [w] hile exact equality of population is the ideal, it is an ideal that, for practical reasons, can never be attained. Some variation from it will always be necessary. The question arises as to what is a permissible fair variation.' Ibid.↑ The House Committee on the Judiciary, for example, reported favorably in 1965 on a bill which was intended to implement the requirements of Wesberry v. ”

“ Sanders, supra, by creating a series of standards for the apportionment of congressional districts. The Committee noted that ' [t] he courts * * * have been reluctant to prescribe standards * * *.' H.R.Rep.No. ”