Legal Opinion · Dissent

Preisler v. Secretary of State of Missouri

District Court, W.D. Missouri

Decided March 4, 1968No. 1064Published

1DissentMatthes, Circuit Judge

I respectfully dissent.

In my view the majority effectively but unwarrantedly sounds the death knell *1005to the “de minimis” doctrine in the field of Congressional redistricting. If the majority opinion survives and becomes the law, no Congressional redistricting act enacted by the Missouri Legislature can withstand judicial scrutiny so long as that body could conceivably formulate a better plan which would mathematically redistrict the state with greater equality. In short, the majority rejects the Missouri plan despite the relatively minor variations in populations between districts because it…

2Cases cited30 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Reynolds v. SimsSupreme Court of the United States · 1964
  3. Wesberry v. SandersSupreme Court of the United States · 1964
  4. Roman v. SincockSupreme Court of the United States · 1964
  5. Swann v. AdamsSupreme Court of the United States · 1967

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