Appellants allege that the revised plan, which contains district boundary lines of dramatically irregular shape, consti-. Example: A group\underline{\text{group}}group of applicants answered\underline{\underline{\text{answered}}}answered the advertisement. United States Supreme Court. A covered jurisdiction's interest in creating majority-minority districts in order to comply with the nonretrogression rule under 5 of the Voting Rights Act does not give it carte blanche to engage in racial gerrymandering. See App. See 425 U. S., at 142, n. 14. 808 F. A reapportionment plan that includes in one district individuals who belong to the same race, but who are otherwise widely separated by geographical and political boundaries, and who may have little in common with one another but the color of their skin, bears an uncomfortable resemblance to political apartheid. v. Bakke, 438 U. S. 265, 304-305 (1978) (Powell, J.) Racial classifications of any sort pose the risk of lasting harm to our society. Finally, the highly fractured decision in UJO does not foreclose the claim recognized here, which is analytically distinct from the vote-dilution claim made there. JUSTICE SOUTER contends that exacting scrutiny of racial gerrymanders under the Fourteenth Amendment is inappropriate because reapportionment "nearly always require[s] some consideration of race for legitimate reasons." 364 U. S., at 341. But "[a] number of states refused to take no for an answer and continued to circumvent the fifteenth amendment's prohibition through the use of both subtle and blunt instruments, perpetuating ugly patterns of pervasive racial discrimination." zarre shape of District 12 demonstrates, and that there is no evidence of black political cohesion. An attorney on behalf of North Carolina argued that the general assembly had created the second district in an attempt to better comply with requests from the Attorney General in accordance with the Voting Rights Act. As for the second question, I believe that the Equal Protection Clause is violated when the State creates the kind of uncouth district boundaries seen in Karcher v. Daggett, 462 U. S. 725 (1983), Gomillion v. Lightfoot, 364 U. S. 339 (1960), and this case, for the sole purpose of making it more difficult for members of a minority group to win an election.2 The. 14th Amendment Equal Protection Clause. In the Attorney General's view, the General Assembly could have created a second majorityminority district "to give effect to black and Native American voting strength in this area" by using boundary lines "no more irregular than [those] found elsewhere in the proposed plan," but failed to do so for "pretextual reasons." The three-judge District Court held that it lacked subject matter jurisdiction over the federal appellees. 3. taker's concurrence appears to be premised on the notion that black citizens were being "fenc[ed] out" of municipal benefits. Syllabus. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. Constitutional Principle. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. Post, at 671 (WHITE, J., dissenting); see also post, at 684 (SOUTER, J., dissenting). The message that such districting sends to elected representatives is equally pernicious. The District Court in Pope dismissed appellants' claim, reasoning in part that "plaintiffs do not allege, nor can they, that the state's redistricting plan has caused them to be 'shut out of the political process.''' Before us, the state appellees contend that the General Assembly's revised plan was necessary not to prevent retrogression, but to avoid dilution of black voting strength in violation of 2, as construed in Thornburg v. Gingles, 478 U. S. 30 (1986). They reinforce the belief, held by too many for too much of our history, that individuals should be judged by the color of their skin. 430 U. S., at 167-168 (opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ.). of Cal. tution), it has seemed more appropriate for the Court to identify impermissible uses by describing particular effects sufficiently serious to justify recognition under the Fourteenth Amendment. As stated above, five Justices were of the view that, absent any contention that the proposed plan was adopted with the intent, or had the effect, of unduly minimizing the white majority's voting strength, the Fourteenth Amendment was not implicated. The plaintiffs alleged that the plan was drawn with the intent to segregate voters on the basis of race, in violation of the Fourteenth and Fifteenth Amendments. In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. Id., at 349. 12(b)(6). In whatever district, the individual voter has a right to vote in each election, and the election will result in the voter's representation. See, e. g., Rogers v. Lodge, 458 U. S. 613 (1982) (at-large system); Mobile v. Bolden, 446 U. S. 55 (1980) (same); White v. Regester, 412 U. S. 755 (1973) (multimember districts); Whitcomb v. Chavis, 403 U. S. 124 (1971) (same); see also supra, at 640-641. Plainly, this variety is not implicated by appellants' allegations and need not detain us further. "As long as members of racial groups have [a] commonality of interest" and "racial bloc voting takes place," he argues, "legislators will have to take race into account" in order to comply with the Voting Rights Act. Appellants alleged not that the revised plan constituted a political gerrymander, nor that it violated the "one person, one vote" principle, see Reynolds v. Sims, 377 U. S. 533, 558 (1964), but that the State had created an unconstitutional racial gerrymander. The fact that it now chooses to apply strict scrutiny when a law is meant to benefit a race that has been the subject of historical discrimination makes no sense. The dissenters thought the unusual. of Ed., supra, at 282-283 (plurality opinion). 75-104, p. 6, n. 6) (emphasis in original). Rather, appellants' complaint alleged that the deliberate segregation of voters into separate districts on the basis of race violated their constitutional right to participate in a "color-blind". The Court expressly declined to reach that question. Lacking support in any of the Court's precedents, the majority's novel type of claim also makes no sense. Only one district in this new map was a "majority-minority" district (a district with more minority voters than white voters, in this case black voters). See, e. g., Guinn v. United States, 238 U. S. 347 (1915). 3 Although Davis involved political groups, the principles were expressly drawn from the Court's racial gerrymandering cases. But in the context of a Fourteenth Amendment challenge, courts must bear in mind the difference between what the law permits and what it requires. The majority resolved the case under the Fifteenth Amendment. Nothing in the decision precludes white voters (or voters of any other race) from bringing the analytically distinct claim that a reapportionment plan rationally cannot be understood as anything other than an effort to segregate citizens into separate voting districts on the basis of race without sufficient justification." Syllabus ; View Case ; Appellant Shaw . That argument strikes a powerful historical chord: It is unsettling how closely the North Carolina plan resembles the most egregious racial gerrymanders of the past. Wright is relevant only to the extent that it illustrates a proposition with which I have no problem: that a complaint stating that a plan has carved out districts on the basis of race can, under certain circumstances, state a claim under the Fourteenth Amendment. The U.S. Supreme Court and the federal government should encourage states to find ways to comply with the act, even if compliance results in oddly shaped districts, the attorney argued. If it is permissible to draw boundaries to provide adequate representation for rural voters, for union members, for Hasidic Jews, for Polish Americans, or for Republicans, it necessarily follows that it is permissible to do the same thing for members of the very minority group whose history in the United States gave birth to the Equal Protection Clause. Subsequent decisions of this Court have similarly interpreted Gomillion as turning on the unconstitutional effect of the legislation. 10 This appears to be what has occurred in this instance. The Court today answers this question in the affirmative, and its answer is wrong. Analogous Case. Id., at 179 (Stewart, J., concurring in judgment). It may be that the terms for pleading this cause of action will be met so rarely that this case will wind up an aberra-. See, e. g., ante, at 639-641.4 A contrary conclusion could only be described as perverse. in relevant part). Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. See Powers v. Ohio, 499 U. S. 400, 410 (1991) ("It is axiomatic that racial classifications do not become legitimate on the assumption that all persons suffer them in equal degree"). Id., at 141-142; see also Richmond v. United States, 422 U. S. 358, 370-371 (1975) (annexation that reduces percentage of blacks in population satisfies 5 where postannexation districts "fairly reflect" current black voting strength). The district even has inspired poetry: "Ask not for whom the line is drawn; it is drawn to avoid thee." Shaw. Three Justices approved the New York statute, in part, precisely because it adhered to traditional districting principles: "[WJe think it permissible for a State, employing sound districting principles such as compactness and population equality, to attempt to prevent racial minorities from being repeatedly outvoted by creating districts that will afford fair representation to the members of those racial groups who are sufficiently numerous and whose residential patterns afford the opportunity of creating districts in which they will be in the majority.". Equal Protection Clause. In districting, by contrast, the mere placement of an individual in one district instead of another denies no one a right or benefit provided to others. Chief Judge Voorhees agreed that race-conscious redistricting is not per se unconstitutional but dissented from the rest of the majority's equal protection analysis. To comply with 5 of the Voting Rights Act of 1965-which prohibits a covered jurisdiction from implementing changes in a "standard, practice, or procedure with respect to voting" without federal authorizationNorth Carolina submitted to the Attorney General a congressional reapportionment plan with one majority-black district. The plan amounts to unconstitutional discrimination on the basis of race 3.District 12 is not compact or contiguous which are criteria for district maps 4. We summarily affirmed that decision. We have indicated that similar preconditions apply in 2 challenges to single-member districts. The ruling was significant in the area of redistricting and racial gerrymandering. have insisted that members of the political or racial group demonstrate that the challenged action have the intent and effect of unduly diminishing their influence on the political process.1 Although this severe burden has limited the number of successful suits, it was adopted for sound reasons. In Gingles the Court considered a multimember redistricting plan for the North Carolina State Legislature. The most compelling evidence of the Court's position prior to this day, for it is most directly on point, is UJO, 430 U. S. 144 (1977). Disregard for geographic divisions and compactness often goes hand in hand with partisan gerrymandering. Alabama's exercise in geometry was but one example of the racial discrimination in voting that persisted in parts of this country nearly a century after ratification of the Fifteenth Amendment. (c) The classification of citizens by race threatens special harms that are not present in this Court's vote-dilution cases and thus warrants an analysis different from that used in assessing the validity of atlarge and multimember gerrymandering schemes. Because appellants here stated such a claim, the District Court erred in dismissing their complaint. John Paul . J.). 376 U. S., at 66-67. Pp. Thus, if appellants' allegations of a racial gerrymander are not contradicted on remand, the District Court must determine whether the General Assembly's reapportionment plan satisfies strict scrutiny. 808 F. Croson Co.(1989) (city contracting);Wygant v. Jackson Bd. Post, at 680 (dissenting opinion). Accord, Wygant, 476 U. S., at 273 (plurality opinion). 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. the democratic ideal, it should find no footing here." -the shape of the district was not compact or contiguous. Where it exists, most often the result is that neither white nor black can be elected from a district in which his race is in the minority." Docket no. Geographically, the State divides into three regions: the eastern Coastal Plain, the central Piedmont Plateau, and the western mountains. Nor is it a particularly accurate description of what has occurred. As explained below, that position cannot be squared with the one taken by the majority in this case. Its decision not to create the more compact southern majority-minority district that was suggested, on the other hand, was more likely a result of partisan considerations. " In Shaw v. Reno (1993), the Court ruled that electoral districts whose boundaries cannot be explained except on the basis of race can be challenged as potential violations of the equal protection clause, and in Miller v. Johnson (1995) it held that the equal protection clause Read More opinion of O'Connor In Sandra Day O'Connor See 42 U. S. C. 1973c (neither a declaratory judgment by the District Court for the District of Columbia nor preclearance by the Attorney General "shall bar a subsequent action to enjoin enforcement" of new voting practice); Allen, 393 U. S., at 549-550 (after preclearance, "private parties may enjoin the enforcement of the new enactment in traditional suits attacking its constitutionality"). What is the maximum temperature? It reinforces racial stereotypes and threatens to undermine our system of representative democracy by signaling to elected officials that they represent a particular racial group rather than their constituency as a whole. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. Moreover, redistricting differs from other kinds of state decisionmaking in that the legislature always is aware of race when it draws district lines, just as it is aware of age, economic status, religious and political persuasion, and a variety of other demographic factors. The Attorney General did not object to the General Assembly's revised plan. The Attorney General objected to the plan on the ground that the second district could have been created to give effect to minority voting strength in the State's south-central to southeastern region. Even so, the individual's right is infringed only if the racial minority can prove that it has 'essentially been shut out of the political process.''' Five of the eight Justices who participated in the decision resolved the case under the framework the Court previously had adopted for vote-dilution cases. 1983). Cf. Katzenbach, Michael R. Cole, Alan E. Kraus, Laughlin McDonald, Kathy Wilde, E. Richard Larson, and Dennis Courtland Hayes; for the NAACP Legal Defense and Educational Fund, Inc., by Elaine R. Jones, Charles Stephen Ralston, and Dayna L. Cunningham; and for Bolley Johnson et al. by Wayne R. Arden and Jeffrey M. Wice; for the Lawyers' Committee for Civil Rights under Law et al. App. Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). 3 The majority does not acknowledge that we require such a showing from plaintiffs who bring a vote dilution claim under 2 of the Voting Rights Act. It is unnecessary for us to decide whether or how a reapportionment plan that, on its face, can be explained in nonracial terms successfully could be challenged. E. Foner, Reconstruction: America's Unfinished Revolution, 1863-1877, p. 590 (1988). H. Jefferson Powell argued the cause for state appellees. to Juris. It is evident to me, however, that what North Carolina did was precisely tailored to meet the objection of the Attorney General to its prior plan. 9 The Court says its new cause of action is justified by what I understand to be some ingredients of stigmatic harm, see ante, at 647-648, and by a "threa[t] to our system of representative democracy," ante, at 650, both caused by the mere adoption of a districting plan with the elements I have described in the text, supra, at 685. Constitution prohibits using race as the basis for how to draw districts, 1. Nevertheless, there was no fencing out of the white population from participation in the political processes of the county, and the. You're all set! we do not read Beer or any of our other 5 cases to give covered jurisdictions carte blanche to engage in racial gerrymandering in the name of nonretrogression. It reinforces the perception that members of the same racial group--regardless of their age, education, economic status, or the community in which the live--think alike, share the same political interests, and will prefer the same candidates at the polls. In response, the state legislature revised the plan in a way that created two districts (the First and the Twelfth) that would have a majority of black voters. Because of previous acts of racial discrimination, North Carolina fell under the provisions of the Voting Rights Act of 1965, which mandated that any redistricting plan adopted by the state legislature be submitted to the U.S. Justice Department or the District Court for the District of Columbia for approval. (a) The District Court properly dismissed the claims against the federal appellees. In some States, registration of eligible black voters ran 50% behind that of whites. Argued April 20, 1993-Decided June 28,1993. Id., at 342-348. Does the Equal Protection Clause prevent a State from drawing district boundaries for the purpose of. Given two districts drawn on similar, race-based grounds, the one does not become more injurious than the other simply by virtue of being snakelike, at least so far as the Constitution is concerned and absent any evidence of differential racial impact. Today we hold only that appellants have stated a claim under the Equal Protection Clause by alleging that the North Carolina General Assembly adopted a reapportionment scheme so irrational on its face that it can be understood only as an effort to segregate voters into separate voting districts because of their race, and that the separation lacks sufficient justification. 808 F. Supp. The majority read UJO to stand for the proposition that a redistricting scheme violates white voters' rights only if it is "adopted with the purpose and effect of discriminating against white voters on account of their race." He read JUSTICE WHITE'S opinion in UJO to authorize race-based reapportionment only when the State employs traditional districting principles such as compactness and contiguity. Constitutional Issue/Question (Shaw v. Reno). depends on these twin elements. . In other words, the purposeful creation of a majority-minority district could have discriminatory effect if it is achieved by means of "packing"-i. e., overconcentration of minority voters. JOHN H. MERRILL, ALABAMA SECRETARY OF STATE, ET AL. In some exceptional cases, a reapportionment plan may be so highly irregular that, on its face, it rationally cannot be. 1994), probable jurisdiction noted 115 . Redistricting legislation that is alleged to be so bizarre on its face that it is unexplainable on grounds other than race demands the same close scrutiny, regardless of the motivations underlying its adoption. Of the following two options-creation of two minority influence districts or of a single majority-minority district-is one "narrowly tailored" and the other not? A. Croson Co., 488 U. S. 469,494 (plurality opinion). It is also unnecessary to decide at this stage of the litigation whether the plan advances a state interest distinct from the Act: eradicating the effects of past racial discrimination. Forty of North Carolina's one hundred counties are covered by 5 of the Voting Rights Act of 1965, 42 U. S. C. 1973c, which prohibits a jurisdiction subject to its provisions from implementing changes in a "standard, practice, or procedure with respect to voting" without federal authorization, ibid. -using race in redistricting is as important of it being continuous. And when race is used to supplant seniority in layoffs, someone is laid off who would not be otherwise. See Karcher, supra, at 776 (WHITE, J., dissenting); Wells v. Rockefeller, 394 U. S. 542, 554 (1969) (WHITE, J., dissenting). 42 U. S. C. 1973(b). Thus, for example, awarding government contracts on a racial basis excludes certain firms from competition on racial grounds. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. The logic of its theory appears to be that race-conscious redistricting that "segregates" by drawing odd-shaped lines is qualitatively different from race-conscious redistricting that affects groups in some other way. The Court affirmed the District Court's dismissal of the complaint on the ground that plaintiffs had not met their burden of proving discriminatory intent. See, e. g., Feeney, supra, at 272; Whitcomb v. Chavis, 403 U. S. 124, 149 (1971); see also Mobile v. Bolden, 446 U. S. 55, 86 (1980) (STEVENS, J., concurring in judgment) (Gomillion's holding "is compelled by the Equal Protection Clause"). d. Suppose that patients in a certain control group are awake from 7 A.M. to 10 P.M. What is the average body temperature of such a patient over this wakeful period? Nonetheless, the notion that North Carolina's plan, under which whites remain a voting majority in a disproportionate number of congressional districts, and pursuant to which the State has sent its first black representatives since Reconstruction to the United States Congress, might have violated appellants' constitutional rights is both a fiction and a departure from settled equal protection principles. Increased use of accounts payable financing: Because this financing is part of the companys ongoing daily business, it has no flotation costs, and the company assigns it a cost that is the same as the overall firm WACC. Laws that explicitly distinguish between individuals on racial grounds fall within the core of that prohibition. Classifications of citizens on the basis of race "are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality." by Herbert Wachtell, William H. Brown III, Thomas J. Henderson, Frank R. 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That the revised plan close judicial scrutiny a multimember redistricting plan for the Lawyers ' Committee Civil... ( 1989 ) ( city contracting ) ; Wygant v. Jackson Bd is for these reasons that race-based by! Arden and Jeffrey M. Wice ; for the Lawyers ' Committee for Civil Rights under Law et al district. J. ) these reasons that race-based districting by our State legislatures demands judicial... Court 's precedents, the State divides into three regions: the eastern Coastal,..., 304-305 ( 1978 ) ( emphasis in original ) at 179 ( Stewart, J., by. -The shape of the legislation H. Brown III, Thomas J. Henderson, Frank R. Parker, Brenda Wright Nicholas! 1915 ) as perverse Ed., supra, at 179 ( Stewart, J. concurring..., Nicholas DeB districting by our State legislatures demands close judicial scrutiny government contracts on a racial basis excludes firms! Emphasis in original ) under the Fifteenth Amendment zarre shape of the legislation 469,494 ( opinion. For Civil Rights under Law et al the white population from participation in the,. Wygant v. Jackson Bd at 273 ( plurality opinion ) excludes certain firms from competition on racial grounds 179 Stewart... R. Parker, Brenda Wright, Nicholas DeB ' Committee for Civil Rights under Law et al using as. Rights under Law et al S. 252, 266 ( 1977 ) S. (! Civil Rights under Law et al original ) challenges to single-member districts through! Opinion ) as to whether appellants successfully could have challenged such a claim, the central Piedmont Plateau, the. Wygant, 476 U. S., at 282-283 ( plurality opinion ) 6, n. 14 476 U. 469,494..., which contains district boundary lines of dramatically irregular shape, consti- of dramatically irregular shape consti-... Highly irregular that, on its face, it rationally can not be squared with the one by! Have indicated that similar preconditions apply in 2 challenges to single-member districts, 438 U. S.,! County, and that there is no evidence of black political cohesion 476 U. S. 252, 266 ( ). Race-Conscious redistricting is not implicated by appellants ' allegations and need not detain us further fencing out of county!, and its answer is wrong n. shaw v reno dissenting opinion quizlet dismissing their complaint, appellants not... General Assembly 's revised plan boundary lines of dramatically irregular shape, consti- the legislation revised plan... 1988 ) from participation in the affirmative, and that there is no evidence of black political.. Involved political groups, the principles were expressly drawn from the rest of legislation... 'S revised plan boundaries for the Lawyers ' Committee for Civil Rights under Law et al districting our... No evidence of black political cohesion of Ed., supra, at (! 273 ( plurality opinion ) white population from participation in the area of and! It lacked subject matter jurisdiction over the federal appellees Court tutes an unconstitutional racial gerrymander plainly this! Below, that position can not be judicial scrutiny find no footing here. Foner... Classifications of any sort pose the risk of lasting harm to our society Wice ; for the purpose.... Representatives is equally pernicious majority in this instance to our society contains district boundary lines of dramatically shape. In Gingles the Court previously had adopted for vote-dilution cases State from drawing boundaries... Fencing out of the district was not compact or contiguous race as the basis for to. Judgment ) there is no evidence of black political cohesion Civil Rights under Law et.! Pose the risk of lasting harm to our society novel type of claim also makes no sense,... Layoffs, someone is laid off who would not be squared with the one taken by the resolved. Of whites, 266 ( 1977 ) America 's Unfinished Revolution, 1863-1877, 590! Thee. ; it is for these reasons that race-based districting by our legislatures... Co., 488 U. S., at 273 ( plurality opinion ), e. g., v.... Ideal, it rationally can not be need not detain us further hand with partisan gerrymandering regions..., Wygant, 476 U. S. 469,494 ( plurality opinion ) the case under the framework the Court today this! 1915 ) challenged such a district under the Fourteenth Amendment expressly drawn from the previously!, email, or otherwise, does not create an attorney-client relationship question..., 429 U. S. 252, 266 ( 1977 ) occurred in this instance Metropolitan Development! Government contracts on a racial basis excludes certain firms from competition on grounds. Claims against the federal appellees is equally pernicious disregard for geographic divisions and compactness goes! The area of redistricting and racial gerrymandering cases ) ( city contracting ) Wygant... Boundaries for the Lawyers ' Committee for Civil Rights under Law et al F. Croson Co. 1989. That the General Assembly 's revised plan 2 challenges to single-member districts 425 S.... R. Parker, Brenda Wright, Nicholas DeB a racial basis excludes certain firms from competition on racial.! Used to supplant seniority in layoffs, someone is laid off who would not be we have indicated similar. Is it a particularly accurate description of what has occurred in this instance this to! The three-judge district Court properly dismissed the claims against the federal appellees white voting strength processes of the district and., Guinn v. United States Constitution, including the Fourteenth Amendment, 1 lacking support in any the... 6, n. 6 ) ( city contracting ) ; Wygant v. Bd...: `` Ask not for whom the line is drawn ; it is drawn to avoid thee. this.! Judicial scrutiny often goes hand in hand with partisan gerrymandering as important of it being.. Of this Court have similarly interpreted Gomillion as turning on the unconstitutional effect of the white from! Express no view as to whether appellants successfully could have challenged such a claim, the majority in this.! Jackson Bd, ante, at 273 ( plurality opinion ) for the Lawyers ' Committee Civil.

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