Karcher v. Daggett

Decision Date15 March 1982
Docket NumberNo. A-783,A-783
Citation71 L.Ed.2d 635,102 S.Ct. 1298,455 U.S. 1303
PartiesAlan J. KARCHER, Speaker, New Jersey Assembly, et al. v. George T. DAGGETT, et al
CourtU.S. Supreme Court

Justice BRENNAN, Circuit Justice.

Applicants, the Speaker of the New Jersey Assembly, the President of the New Jersey Senate, and eight Members of the United States House of Representatives from New Jersey, have applied to me for a stay pending this Court's review on appeal of the judgment of a three-judge District Court for the District of New Jersey entered March 3, 1982. Daggett v. Kimmelman, 535 F.Supp. 978. The judgment declared unconstitutional 1982 N.J.Laws, ch. 1, which creates districts for the election of the United States Representatives from New Jersey, and enjoined the defendant state officers from conducting primary or general congressional elections under the terms of that statute.

On the basis of the 1980 decennial census, the number of United States Representatives to which New Jersey is entitled has been decreased from 15 to 14. Consequently the New Jersey Legislature was required to apportion 14 congressional districts. Chapter 1 is the product of the state legislature's effort to meet that requirement. The District Court found that in drafting ch. 1, the legislature was concerned not only with drawing districts of equal population as an "aspirational" goal but also with recognizing such factors as the preservation of the cores of pre-existing districts, the preservation of municipal boundary lines, and the preservation of the districts of incumbent Democratic Congressmen. Chapter 1 creates 14 congressional districts with an overall absolute range of deviation of 3,674 people and an overall relative range of deviation of 0.6984% from the "ideal" map of 14 districts of 526,059 persons each. There were, however, several other proposals brought before the legislature that yielded total deviations of less than 0.6984%. The opinion for the majority of the District Court says of these:

"For example, the Roeck plan contained a total deviation of .3250%, and only .2960% after it was amended. The DiFrancesco plan . . . had a total deviation of .1253%. The Hardwick plan . . . contained a total deviation of .4515%. The Bennett plan . . . and the Kavanaugh plan . . . contain total deviations of .1369% and .0293%, respectively." 535 F.Supp., at 982.

All three judges of the District Court agreed that the constitutionality of 1982 N.J.Laws, ch. 1, was to be determined under the standard announced in Kirkpatrick v. Preisler, 394 U.S. 526, 89 S.Ct. 1225, 22 L.Ed.2d 519 (1969), and its progeny, e.g., White v. Weiser, 412 U.S. 783, 93 S.Ct. 2348, 37 L.Ed.2d 335 (1973). But the judges divided 2 to 1 on what that standard is. The majority read Kirkpatrick as holding that, even if 0.6984% was to be regarded as a de minimis variance,

"P.L. 1982, c. 1 can withstand constitutional attack only if the population variances 'are unavoidable despite a good-faith effort to achieve absolute equality. . . .' Kirkpatrick, 394 U.S. at 531, 89 S.Ct. at 1229. It is clear that the .6984% population deviation of P.L. 1982, c. 1 is not un- avoidable. The legislature had the option of choosing from several other plans with a lower total deviation than .6984%." 535 F.Supp., at 982.

The dissenting judge, on the other hand, read Kirkpatrick to suggest:

"[V]ariances may be justified which do not achieve statistically significant dilutions of the relative representation of voters in larger districts when compared with that of voters in smaller districts. . . . [Kirkpatrick is to be read to announce] a prohibition against toleration of de minimis dilutions of relative representation rather than as a prohibition against toleration of de minimis population variances which have no statistically relevant effect on relative representation. A plus-minus deviation of 0.6984% falls within the latter category." 535 F.Supp., at 984.

The appeal would thus appear...

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12 cases
  • Karcher v. Daggett
    • United States
    • United States Supreme Court
    • June 22, 1983
    ...or general elections under the Feldman Plan, but that order was stayed pending appeal to this Court, 455 U.S. 1303, 102 S.Ct. 1298, 71 L.Ed.2d 635 (1982) (BRENNAN, Circuit Justice), and we noted probable jurisdiction, 456 U.S. ----, 102 S.Ct. 2955, 73 L.Ed.2d 1347 Article I, § 2 establishes......
  • O'SULLIVAN v. Brier, 82-1335
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • June 3, 1982
    ...to avoid fragmenting political subdivisions. See 394 U.S. at 533, 89 S.Ct. at 1230. In granting a stay in Karcher v. Daggett, ___ U.S. ___, 102 S.Ct. 1298, 1300, 71 L.Ed.2d 635 (1982), Justice Brennan, who wrote for the Court in Kirkpatrick, regards as unsettled whether decision-makers may ......
  • Daggett v. Kimmelman
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • February 26, 1987
    ...Justice Brennan stayed the district court's order pending appeal to the Supreme Court. Karcher v. Daggett, 455 U.S. 1303, 102 S.Ct. 1298, 71 L.Ed.2d 635 (1982) (Brennan, Circuit Justice, in chambers). Appellants' motions to vacate this stay and to expedite the docketing of the state defenda......
  • Daggett v. Kimmelman, Civ. A. No. 82-297
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • August 26, 1985
    ...Justice Brennan, as Circuit Justice, stayed the district court's order pending appeal to the Supreme Court. Karcher v. Daggett, 455 U.S. 1303, 102 S.Ct. 1298, 71 L.Ed.2d 635 (1982). Plaintiffs' motions to vacate the stay and expedite the docketing of the appeal were denied, 456 U.S. 901, 10......
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