William J. Brennan, Jr.

“ I, § 2, that States create congressional districts which provide equal representation for equal numbers of people permits only the limited population variances which are unavoidable despite a good-faith effort to achieve absolute equality, or for which justification is shown.' The general command, of course, is to equalize population in all the districts of the State and is not satisfied by equalizing population only within defined sub-states. ”

“ In 1967 that court had struck down an earlier districting statute apportioning New York's 41 congressional seats and had retained jurisdiction of the case pending action by the New York Legislature to redress the plan's deficiencies. The court recognized that a thorough revision of district lines might not be possible in time for the upcoming 1968 congressional election but concluded nevertheless that ' (t) here are enough changes which can be superimposed on the present districts to cure the most flagrant inequalities.' 273 F.Supp. ”

“ Equality of population among districts in a sub-state is not a justification for inequality among all the districts in the State.
Nor are the variations in the 'North country' districts justified by the fact that these districts are constructed of entire counties. ”