Objective
This article evaluates Evenwel v. Abbott to determine how and why the U.S. Supreme Court reached the decision it did in determining whether the appropriate database for a state to utilize in redistricting is the total population count or the American Community Survey’s five‐year estimates. At the core of the decision was whether apportionment was based on participation or representation, voters or total population.
Method
A qualitative analysis of plaintiff and defendant arguments and the district court’s and U.S. Supreme Court’s decisions. Additionally, a discussion of the accuracy of the American Community Survey’s five‐year estimate is presented.
Conclusion
The final decision was a decisive unanimous decision where the Court concluded, citing historical, constitutional precedence and traditional redistricting practices, that total population generated by the U.S. Census Bureau every decade was to be used as the base data for redistricting. The Supreme Court definitively stated that apportionment and redistricting were designed as representational mechanisms for all persons counted by the Bureau of the Census and not simply voters.