How have courts interpreted the principle of law where a new reapportionment plan developed through the legislative process is less unconstitutional than the old one?

20 This principle of law has been interpreted to mandate the use of a new reapportionment plan, developed through the legislative process, where it is less unconstitutional than the alternative. (See, e.g., Cosner, supra; Cummings, supra.) It has also been applied where the constitutionality of a reapportionment plan is undecided, but the disputed plan was constitutionally preferable to the old plan and time was too short to permit development of an alternative. (Jones v. Falcey, supra, 48 N.J. 25, 222 A.2d at p. 109 [although "the litigation ha[d] not run its course," the new plan would be used; the old statute was "far more distant from the constitutional goal" than the statute before the court].)