Who counts in districts
Evenwel v. Abbott
In brief
The Supreme Court upheld the lower court and ruled that states and local governments may draw legislative districts using total population.
- Where it stands
- Decided
Decided 8-0 · April 4, 2016 · Opinion by Justice Ginsburg
- What it’s about
- Sue Evenwel challenged Texas legislative districts drawn using total population, arguing that they should count people eligible to vote instead. The Supreme Court ruled that Texas may use total population and agreed with the lower court (affirmed).
- Who it affects
- Texas and other states or local governments may use total population, rather than only people eligible to vote, when drawing legislative districts.
Summary: written with AI from the case record.
What it's about
Justice Clarence Thomas described the districts as having roughly equal total populations but widely different numbers of eligible voters.
Question presented
Does the Equal Protection Clause of the Fourteenth Amendment require that districting take into account the number of people eligible to vote, rather than the total population?
What the Court decided
Holding
As constitutional history, precedent, and practice demonstrate, a State or locality may draw its legislative districts based on total population. Affirmed.
- Result
- Affirmed
The Court's reasoning
The Court relied on constitutional history, earlier decisions and longstanding practice to conclude that states and local governments may draw legislative districts based on total population.
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
What's next
The lower court’s ruling remains in place, and Texas may use total population when drawing its legislative districts.
Documents
Opinions
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Opinion added: Evenwel
More questions
- What concern did Justice Thomas raise in his separate opinion?
- He agreed with the result but said the Court had not clearly explained what right its equal-vote rule protects.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.