Department of Commerce v. Montana, 503 U.S. 442, 21 (1992)

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462

DEPARTMENT OF COMMERCE v. MONTANA

Opinion of the Court

effect of increasing the variance in the relative difference 39

between the ideal and the size of the districts in both Montana and Washington.40 Moreover, whereas reductions in the variances among districts within a given State bring all of the affected districts closer to the ideal, in this case a change that would bring Montana closer to the ideal pushes the Washington districts away from that ideal.41

39 See n. 29, supra.

40 Under the Hill Method (equal proportions), the relative differences between Montana's and Washington's districts and the ideal, respectively, are 40.4% and 5.4%; under the Dean Method (harmonic mean), they are 42.5% and 6.7%. See 1 App. 27. The absolute and relative differences between the actual average district size and the ideal district size in an apportionment using the Hill Method (Montana has one Representative, and Washington has nine Representatives) are as follows:

Absolute Relative

Average Difference Difference District Size From Ideal From Ideal Montana 803,655 231,189 40.4% Washington 543,105 29,361 5.4% Total Absolute Difference 260,550 The absolute and relative differences between the actual average district size and the ideal district size in an apportionment using the Dean Method (Montana has two Representatives, and Washington has eight Representatives) are as follows:

Absolute Relative

Average Difference Difference District Size From Ideal From Ideal Montana 401,828 170,638 42.5% Washington 610,993 38,527 6.7% Total Absolute Difference 209,165 The relative difference from the ideal is less both for Montana and for Washington in a Hill apportionment; the total absolute difference from the ideal is less in a Dean apportionment.

41 Indeed, as Washington has more districts than Montana, it could be argued that deviation from ideal district size in Washington represents a more significant departure from the goal of equal representation than does a similar deviation in Montana. In his dissent in the District Court, Judge O'Scannlain noted the potential importance of taking account of the

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