Tennant v. Jefferson County Commission
United States Supreme Court
567 U.S. 758, 133 S. Ct. 3 (2012)
- Written by Kelly Simon, JD
Facts
In 2011, the West Virginia legislature convened to consider congressional redistricting plans based on the 2010 Census. The redistricting plan that was ultimately approved was enumerated as S.B. 1008. The redistricting plan in S.B. 1008 did not require any major shifts to existing districts, did not split any county lines, and did not redistrict incumbent representatives into the same district. The S.B. 1008 plan also created a .79 percent population variance, meaning the difference in the population assigned to West Virginia’s largest district and its smallest district was .79 percent of the population of the average district. The Jefferson County Commission (plaintiff) and two of its commissioners sued West Virginia Secretary of State Natalie Tennant (defendant) to prevent the implementation of S.B. 1008, arguing that the plan violated Article I, § 2 of the United States Constitution. The United States District Court for the Southern District of West Virginia determined that S.B. 1008 was null and void and enjoined Tennant from implementing it. Tennant appealed directly to the United States Supreme Court. The United States Supreme Court stayed the district court’s order pending the appeal.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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