But whatever the standard, the Court applies it to each house of the State Legislature. Footnote 81 [377 Footnote 54 the disproportion in the Assembly was necessarily large. [ [377 On August 7, 1962, the District Court entered an order denying the The population figures, here and hereafter, are for the year 1870, which presumably best reflect the figures for the years 1866-1870. 118 ] On Dec. 15, 1962, THE CHIEF JUSTICE granted a stay pending final disposition of the case in this Court. [377   Footnote *a 369 The district court drafted a temporary re-apportionment plan for the 1962 election. 23), sued in their representative capacities, were various state and political party officials charged with the performance of certain duties in connection with state elections. 8 (Extra Sess. [377 Although the Court stated as its conclusion that the allegations of a denial of equal protection presented "a justiciable constitutional cause of action," 23), residents, taxpayers and voters of Jefferson County, Alabama, filed a complaint in the United States District Court for the Middle District of Alabama, in their own behalf and on behalf of all similarly situated Alabama voters, challenging the apportionment of the Alabama Legislature. Footnote 61   ] The District Court thus nailed the lid on the "box of time" in which everyone seemed to it "to be trapped." ] Pa. The complaint alleged serious discrimination against voters in counties whose populations had grown proportionately far more than others since the 1900 census which, despite Alabama's constitutional requirements for legislative representation based on population and for decennial reapportionment, formed the basis for the existing legislative apportionment. House J. One must be ever aware that the Constitution forbids "sophisticated as well as simple-minded modes of discrimination." Conversely, Lowndes County, with only 15,417, and Wilcox County, with 18,739, are nevertheless single-county senatorial districts given one Senate seat each. Const., 1859, Art. , this Court dismissed "for want of a substantial federal question" an appeal from the dismissal of a complaint alleging that the Illinois legislative apportionment resulted in "gross inequality in voting power" and "gross and arbitrary and atrocious discrimination in voting" which denied the plaintiffs equal protection of the laws. , it is evident from the Court's opinion that it was concerned all but exclusively with justiciability and gave no serious attention to the question whether the Equal Protection Clause touches state legislative apportionments. 429. Post, p. 710. 578-579, the Court nevertheless excludes virtually every basis for the formation of electoral districts other than "indiscriminate districting." [ Const., 1894, Art. Footnote 5 ] The British experience in eradicating "rotten boroughs" is interesting and enlightening. U.S. 533, 574]. 58 as the right to put a ballot in a box." Footnote 39 ] Report of Advisory Commission on Intergovernmental Relations, Apportionment of State Legislatures 10-11, 35, 69 (1962). In the Maryland case (No. 61 , note 10. XI, 2-5; Pa. V, 4, Art. Footnote 61 Const., 1868, Art. Footnote 75 Thus it seems abundantly clear that the Court is entirely free to deal with the cases presently before it in light of materials now called to its attention for the first time. [ We further stated: A predominant consideration in determining whether a State's legislative apportionment scheme constitutes an invidious discrimination violative of rights asserted under the Equal Protection Clause is that the rights allegedly impaired are individual and personal in nature.

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