Mr. Jas and Madam Texas Girl
My first question is, and brother Opebo may have more, what do you think is meant by the "minimum possible difference" as quoted from Art IV, Section 4, Clause 3?
I understand that as a mathematical concept it means something like a low point on a curve or the least amount, but I can't help to think this phrasing calls for something along the lines of, smallest amount possible under the circumstances.
My understanding of the meaning of the phrase (in the context) is as you say, the smallest amount possible under the circumstances. (The smallest amount possible being, as I understand it, either 0 or 1 depending on the particular numbers in play.) Having said that, the text clearly allows for significant deviation from the minimum possible - in effect explicitly stating that
absolute equality of representation is not a Constitutional right.
I would underline though that the clause in question is irrefutably linked with the number of registered voters who voted. It is clear on a plain reading of the text that no consideration is required, warranted or necessary regarding those persons on the register of voters but who did not vote at the previous federal election.
The Constitution mandates that districts can be constructed within set limits of inequality in population of registered voters who voted at the previous federal election. This has been the case since the adoption of the Second Constitution. Should the court find in favour of the plaintiff on her stated grounds, every redistricting since the adoption of the constitution would be in doubt, thus rendering every Senate's composition as legally dubious and all matters passed, of legislation or otherwise, of questionable authority.
I would also note that an amendment was offered only last September which would have guaranteed absolute equality of representation, which the Plaintiff voted against favouring the status quo.
My other request at this juncture is, that since it may be useful to compare data for the districts in question, can counsel submit those figures to the court?
The districts having not yet been decided upon, such figures don't yet exist (if I properly understand the question). As I understand it submissions are currently being taken and considered.
