A complaint may not be dismissed under Fed. Yet the reason Justice Powell was dissenting is that seven members of the Court disap- proved his views. The plurality opinion in Davis fits the bill, and we must apply it. Not that it is necessary to reconstruct a majority from the shards in Davis. As we have emphasized, that case is about gerrymandering of voting districts.
Plaintiffs complain about the gerrymandering of residence districts.
That formulation calls for the same sort of proof as does the plurality opinion in Davis. Just as a complaint need not plead facts, however, it also need not plead law, and it is not tied to one legal theory. La Porte County could not disestablish the Libertarian Party, or disqualify its candidates, just because no libertarian has been elected in a very long time. It may apply neutral criteria for access to the ballot, but these criteria must be justified by important public interests. Defendants do not argue that a desire to avoid chal- lenge by the rivals most popular with the voters satisfies even the least demanding standard.