On appeal, the United States (represented by Solicitor General Archibald Cox) intervened as amicus curiae to support the appellees.

"[3] Having already overturned its ruling that redistricting was a purely political question in Baker v. Carr, 369 U.S. 186 (1962), the Court went further in order to correct what seemed to it to be egregious examples of malapportionment which were serious enough to undermine the premises underlying republican government.

"[4] The Virginia case also presented a different argument regarding the presence of large numbers of military personnel in the affected city and counties.

However, the court reject appellants' argument dismissing it as a post-hoc explanation, saying there was no evidence that the legislature considered military personnel in drawing the 1962 districts.

The Commonwealth of Virginia redrew its legislative districts so that they were equipopulous, based on the 1960 decennial census data, in time for the 1967 elections.