Hawaii’s 2012 reapportionment plan survived its final constitutional challenge Tuesday when the U.S. Supreme Court affirmed a three-judge panel’s decision upholding the plan.
The Supreme Court’s one-sentence ruling clears the way for the current voter district boundaries to remain in effect until a new plan is drawn based on data from the next U.S. census in 2020.
Robert Thomas, lawyer for eight voters challenging the plan, said he recognized it was an "uphill" fight.
"We had hoped and thought the court might have taken an interest in hearing more about the arguments in the case, but, alas, no," he said.
The decision ends the case, Thomas said.
Attorney General David Louie called the decision "a complete and timely victory for the state of Hawaii."
"By summarily affirming the district court’s decision, the United States Supreme Court has validated the reapportionment plan, a plan that reflects the understanding that Hawaii’s Constitution requires that the legislative districts respect the integrity of each island’s history, culture and concerns," he said in a news statement.
The challengers had argued that the plan violated the Equal Protection Clause of the U.S. Constitution by excluding about 108,000 "nonpermanent" residents in allocating legislative seats among the islands and drawing boundaries for voter districts.
Among those excluded were nonresident military members and their dependents and students who pay nonresident tuition.
The reapportionment commission had left out nonpermanent residents because of a Hawaii Supreme Court decision.
The challengers also contended the plan created districts of unequal sizes, which led to disproportionate representation at the state Legislature.
Under the plan, a Senate seat shifted from Oahu to Hawaii island.
In July a three-judge panel of Hawaii’s U.S. District Court upheld the plan.
The judges held that the commission’s reliance on a base of permanent residents as ordered by the Hawaii Supreme Court did not violate the Equal Protection Clause.
They also ruled the disparities in the size of the legislative district "pass constitutional muster."
If the challengers had prevailed, it would not have overturned Hawaii’s 2012 elections, which was based on the plan, but would have led to a new plan for elections as early as this year until the next U.S. census.
Reapportionment takes place every 10 years to reflect changes in the census population.
The three-judge panel, appointed by the 9th U.S. Circuit Court of Appeals, was made up of Hawaii federal judges Michael Seabright and Leslie Kobayashi and 9th Circuit Judge M. Margaret McKeown of San Diego.
