See supra, at 647-649. Nor if dilution is proven is there any need for further constitutional scrutiny; there has never been a suggestion that such use of race could be justified under any type of scrutiny, since the dilution of the right to vote can not be said to serve any legitimate governmental purpose. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. 808 F. in M1 and M2? The determinative consideration for the Court was that the law, though ostensibly race neutral, on its face "embod[ied] no exercise of judgment and rest[ed] upon no discernible reason" other than to circumvent the prohibitions of the Fifteenth Amendment. Gomillion is consistent with this view. Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's, NORTH CAROLINA CONGRESSIONAL PLAN Chapter 7 of the 1991 Session Laws (1991 Extra Session). Const., Amdt. 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." Furthermore, how it intends to manage this standard, I do not know. It is true, of course, that one's vote may be more or less effective depending on the interests of the other individuals who are in one's district, and our cases recognize the reality that members of the same race often have shared interests. No.1, 458 U. S. 457, 485 (1982). 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. A state must prove a compelling interest in order to survive a legal challenge to the redistricting plan. Nonetheless, in those cases where this cause of action is sufficiently pleaded, the State will have to justify its decision to consider race as being required by a compelling state interest, and its use of race as narrowly tailored to that interest. 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 state appellees suggest that a covered jurisdiction may have a compelling interest in creating majority-minority. Second, JUSTICE STEVENS argues that racial gerrymandering poses no constitutional difficulties when district lines are drawn to favor the minority, rather than the majority. The only justification I can imagine would be the preservation of "sound districting principles," such as compactness and contiguity. Accordingly, we have held that the Fourteenth Amendment requires state legislation that expressly distinguishes among citizens because of their race to be narrowly tailored to further a compelling governmental interest. 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. JUSTICE WHITE WITH WHOM JUSTICE BLACKMUN AND JUSTICE STEVENS JOIN, DISSENTING. No analogous purpose or effect has been alleged in this case. They did not even claim to be white. (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. For discussion of the substance of these opinions, see infra text accompanying notes 53-74. In that regard, it closely resembles the present case. In Gingles the Court considered a multimember redistricting plan for the North Carolina State Legislature. v. RENO, ATTORNEY GENERAL, ET AL. See App. 430 U. S., at 162-163 (opinion of WHITE, J., joined by Brennan, BLACKMUN, and STEVENS, JJ.) In our view, the District Court properly dismissed appellants' claims against the federal appellees. Nor is there any support for the. Appellee Reno . Whites constitute roughly 76% of the total population and 79% of the voting age population in North Carolina. The balances for the accounts that follow appear in the Adjusted Trial Balance columns of the end-of-period spreadsheet. Plainly, this variety is not implicated by appellants' allegations and need not detain us further. Racial gerrymandering, even for remedial purposes, may balkanize us into competing racial factions; it threatens to carry us further from the goal of a political system in which race no longer matters--a goal that the Fourteenth and Fifteenth Amendments embody, and to which the Nation continues to aspire. (referring variously to "strict scrutiny," "the standard of review employed in Wygant," and "heightened scrutiny"); id., at 520 (SCALIA, J., concurring in judgment) ("strict scrutiny"); id., at 535 (Marshall, J., dissenting) (classifications" 'must serve important governmental objectives and must be substantially related to achievement of those objectives'" (quoting Regents of Univ. In an opinion which explored the nature of "political questions" and the appropriateness of Court action in them, the Court held that there were no such questions to be answered in this case and that legislative apportionment was a justiciable issue. 6-10 (STEVENS, J., concurring in judgment). Court's determination to depart from our prior decisions by carving out this narrow group of cases for strict scrutiny in place of the review customarily applied in cases dealing with discrimination in electoral districting on the basis of race. The ruling was significant in the area of redistricting and racial gerrymandering. ON APPLICATIONS FOR STAYS OR INJUNCTIVE RELIEF [February 7, 2022] The application for a stay or injunctive relief presented to J. USTICE . We previously have recognized a significant state interest in eradicating the effects of past racial discrimination. This question also need not be decided at this stage of the litigation. -using race in redistricting is as important of it being continuous. Accord, Loving v. Virginia, 388 U. S. 1, 11 (1967). Again, however, the equal protection inquiry should look at the group's overall influence over, and treatment by, elected representatives and the political process as a whole. At least. 808 F. of Ed., supra, at 282-283 (plurality opinion). The Court expressly declined to reach that question. Allen v. State Bd. The grounds for my disagreement with the majority are simply stated: Appellants have not presented a cognizable claim, because they have not alleged a cognizable injury. Post, at 671 (WHITE, J., dissenting); see also post, at 684 (SOUTER, J., dissenting). Washington Post, Apr. See Fed. Grofman, Would Vince Lombardi Have Been Right If He Had Said: ''When It Comes to Redistricting, Race Isn't Everything, It's the Only Thing"?, 14 Cardozo L. Rev. The First District was somewhat hook-shaped, beginning in the northeastern part of the state and tapering down with fingerlike extensions almost to the South Carolina border. Moreover, a group's power to affect the political process does not automatically dissipate by virtue of an electoral loss. Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). Ante, at 652. 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. But the State must have a "'strong basis in evidence for [concluding] that remedial action [is] necessary.'" electoral process. Croson, supra, at 500 (quoting Wygant, supra, at 277 (plurality opinion)). 633, 637 (1983). To comply with 5 of the Voting Rights Act of 1965-which prohibits a covered jurisdiction from implementing changes in a "standard, practice, or . Id., at 472-473. A. Croson Co., supra, at 493; see also Fullilove v. Klutznick, 448 U. S. 448, 484 (1980) (opinion of Burger, C. To date, we have held that only two types of state voting practices could give rise to a constitutional claim. The other part of the majority's explanation of its holding is related to its simultaneous discomfort and fascination with irregularly shaped districts. In that, state efforts to remedy minority vote dilution are wholly unlike what typically has been labeled "affirmative action." See 364 U. S., at 341, 346. See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). depends on these twin elements. Section 2 of the Voting Rights Act forbids districting plans that will have a discriminatory effect on minority groups. The Constitution does not call for equal sized districts . That concession is wise: This Court never has held that race-conscious state decisionmaking is impermissible in all circumstances. JUSTICE WHITE describes the formulations we have used and the common categories of dilutive practice in his dissenting opinion. no further than the Voting Rights Act to understand that this may be required, and we have held that race may constitutionally be taken into account in order to comply with that Act. Justice Frankfurter characterized the complaint as alleging a deprivation of the right to vote in violation of the Fifteenth Amendment. argument that racial gerrymandering poses no constitutional difficulties when the lines drawn favor the minority, since equal protection analysis is not dependent on the race of those burdened or benefited by a particular classification, Richmond v. J. Give examples of input devices for computer systems. Wygant, supra, at 295 (WHITE, J., concurring in judgment). Why did four justices in this case dissent from majority opinion? But their loose and imprecise use by today's majority has, I fear, led it astray. Shaw v. Hunt, 861 F. Supp. The Court characterizes the decision as "highly fractured," ante, at 651, but that should not detract attention from the rejection by a majority in UJO of the claim that the State's intentional creation of majority-minority districts transgressed constitutional norms. Action verbs tell what the subject is doing or what is being done to the subject. It may therefore be that few electoral districting cases are ever likely to employ the strict scrutiny the Court holds to be applicable on remand if appellants' allegations are "not contradicted." a law designed to help end formal and informal barriers to African-American suffrage, Court case that ruled that district lines may not dilute minority representation, but neither may they be drawn with race as the predominant consideration, 5 white voters, it was motivated by race and violated 14th amendment, Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws, U.S. cannot prevent a person from voting because of race, color, or creed, racial gerrymandering-ordinance declared unconstitutional, -constitution prohibits using race as the main reason for how to draw districts, -using race in redistricting is as important of it being continuous, Criminal Justice Unit 1 Exam--STUDY GUIDE, Christina Dejong, Christopher E. Smith, George F Cole, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry, Chapter 1: The Role of a Diversity Practition. Our conclusion is supported by the plurality opinion in UJO, in which four Justices determined that New York's creation of additional majority-minority districts was constitutional because the plaintiffs had failed to demonstrate that the State "did more than the Attorney General was authorized to require it to do under the nonretrogression principle of Beer." The same principle pertains in nondistricting aspects of voting law, where race-based discrimination places the disfavored voters at the disadvantage of exclusion from the franchise without any alternative benefit. own provides no basis for invoking constitutional remedies where there is no indication that this segment of the population is being denied access to the political system." Petitioners'. " 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 Pp. 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. Id., at 59. They also stated: "'Our argument is that the history of the area demonstrates that there could be-and in fact was-no reason other than race to divide the community at this time.'" Tr. There are three financing options: 1. See supra, at 680-681. gered at least heightened scrutiny (which every Member of the Court to address the issue has agreed must be applied even to race-based classifications designed to serve some permissible state interest).5 Presumably because the legitimate consideration of race in a districting decision is usually inevitable under the Voting Rights Act when communities are racially mixed, however, and because, without more, it does not result in diminished political effectiveness for anyone, we have not taken the approach of applying the usual standard of such heightened "scrutiny" to race-based districting decisions. See 425 U. S., at 142, n. 14. zarre shape of District 12 demonstrates, and that there is no evidence of black political cohesion. See Karcher, supra, at 776 (WHITE, J., dissenting); Wells v. Rockefeller, 394 U. S. 542, 554 (1969) (WHITE, J., dissenting). Id., at 56-58. 21A376 (21-1087) v. MARCUS CASTER, ET AL. It deemed appellants' claim under the Fifteenth Amendment essentially subsumed within their related claim under the Equal Protection Clause. In Shaw v. Reno (1993), the U.S. Supreme Court questioned the use of racial gerrymandering in North Carolina's reapportionment plan. Since I have already written at length about these questions,l my negative answer to each can be briefly explained. In the example the verb is answered. That duty, however, is not violated when the majority acts to facilitate the election of a member of a group that lacks such power because it remains underrepresented in the state legislature - whether that group is defined by political affiliation, by common economic interests, or by religious, ethnic, or racial characteristics. Does the Equal Protection Clause prevent a State from drawing district boundaries for the purpose of. Docket no. The company raises all equity from outside financing. 430 U. S., at 165. Ante, at 653. The facts of this case mirror those presented inUnited Jewish Organizations of Williamsburgh, Inc. v. Carey(1977) (UJO), where the Court rejected a claim that creation of a majority-minority district violated the Constitution, either as aper sematter or in light of the circumstances leading to the creation of such a district. In the 17th, 19th, and 20th Districts, whites constituted respectively 94.9%, 71.5%, and 72.5% of the population. J.). The district even has inspired poetry: "Ask not for whom the line is drawn; it is drawn to avoid thee." 20, 1993, p. A4. Pp. The consideration of race in "segregation" cases is no different than in other race-conscious districting; from the standpoint of the affected groups, moreover, the line-drawings all act in similar fashion.8 A plan that "segregates" being functionally indistinguishable from any of the other varieties of gerrymandering, we should be consistent in what we require from a claimant: proof of discriminatory purpose and effect. In a similar vein, Justice Stewart was joined by Justice Powell in stating: "The petitioners have made no showing that a racial criterion was used as a basis for denying them their right to vote, in contravention of the Fifteenth Amendment. They also point out that in 1990 a black candidate defeated a white opponent in the Democratic Party runoff for a United States Senate seat before being defeated narrowly by the Republican incumbent in the general election. A special three-judge district court dismissed the suit against both the attorney general and the state officials. 92-357 . Did North Carolina residents claim that the 1990 redistricting plan discriminated on the basis of race raise a valid constitutional issue under the 14th Amendment's Equal Protection Clause? 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. A reapportionment plan would not be narrowly tailored to the goal of avoiding retrogression if the State went beyond what was reasonably necessary to avoid retrogression. Id., at 357 (internal quotation marks omitted). 5 See Richmond v. J. 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. R. Dixon, Democratic Representation: Reapportionment in Law and Politics 459 (1968). The fact that a demonstration of discriminatory effect was required in that case was not a function of the kind of claim that was made. JUSTICE SOUTER does not adequately explain why these harms are not cognizable under the Fourteenth Amendment. Of particular relevance, five of the Justices reasoned that members of the white majority could not plausibly argue that their influence over the political process had been unfairly canceled (opinion of WHITE, J., joined by REHNQUIST and STEVENS, J.J.), or that such had been the State's intent (STEWART, J., POWELL, J., concurring in judgment). 92-357. the question in gerrymandering cases is "whether a particular group has been unconstitutionally denied its chance to effectively influence the political process," id., at 132-133. I respectfully dissent. Rather, the issue is whether the classification based on race discriminates. These principles apply not only to legislation that contains explicit racial distinctions, but also to those "rare" statutes that, although race neutral, are, on their face, "unexplainable on grounds other than race." 4 The majority's use of "segregation" to describe the effect of districting here may suggest that it carries effects comparable to school segregation making it subject to like scrutiny. Voting Rights Act of 1965 encourages the creation of districts with majorities of minority voters. Ante, at 658. In the 1870's, for example, opponents of Reconstruction in Mississippi "concentrated the bulk of the black population in a 'shoestring' Congressional district running the length of the Mississippi River, leaving five others with white majorities." As the Court noted, the "inevitable effect of this redefinition of Tuskegee's boundaries" was "to deprive the Negro petitioners discriminatorily of the benefits of residence in Tuskegee." v. Bakke, 438 U. S. 265, 359 (1978) (Brennan, WHITE, Marshall, and BLACKMUN, JJ., concurring in judgment in part and dissenting in part)); 488 U. S., at 514-516 (STEVENS, J., concurring in part and concurring in judgment) (undertaking close examination of the characteristics of the advantaged and disadvantaged racial groups said to justify the disparate treatment although declining to articulate different standards of review); see also Wygant v. Jackson Bd. The Cultural Landscape: An Introduction to Human Geography, AP Edition, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Statistical Techniques in Business and Economics, Douglas A. Lind, Samuel A. Wathen, William G. Marchal, Chapter 14 and 15 Study Guide 8th BJU History. Under the three-part test established by Thornburg v. Gingles, 478 U. S. 30, 50-51 (1986), a minority group must show that it could constitute the majority in a single-member district, "that it is politically cohesive," and "that the white majority votes sufficiently as a bloc to enable it usually to defeat the minority's preferred candidate." (b) Classifications of citizens based solely on race are by their nature odious to a free people whose institutions are founded upon the doctrine of equality, because they threaten to stigmatize persons by reason of their membership in a racial group and to incite racial hostility. 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. Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. These lawmakers are quite aware that the districts they create will have a white or a black majority; and with each new district comes the unavoidable choice as to the racial composition of the district." See, e. g., White v. Regester, 412 U. S. 755, 765-766 (1973); Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). UJO, supra, at 148. Redistricters have to justify themselves. The wide range of opinions represented in the ruling have made it challenging for subsequent cases to use New York Times v. United States as precedent. The Twelfth District received even harsher criticism. Appellants maintain that the General Assembly's revised plan could not have been required by 2. T. HOMAS. More importantly, the majority's submission does not withstand analysis. Croson, 488 U. S., at 494 (plurality opinion); see also id., at 520 (SCALIA, J., concurring in judgment). 376 U. S., at 66-67. Here, the Attorney General objected to the State's plan on the ground that it failed to draw a second majority-minority district for what appeared to be pretextual reasons. 392, 397 (WDNC 1992). tutes an unconstitutional racial gerrymander. 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 purposes of favoring minority voters and complying with the Voting Rights Act are not discriminatory in the constitutional sense, the court reasoned, and majority-minority districts have an impermissibly discriminatory effect only when they unfairly dilute or cancel out white voting strength. The central explanation has to do with the nature of the redistricting process. In its 1993 decision, the Supreme Court agreed, ruling that race cannot be the predominant factor in creating districts. Since there is no justification for the departure here from the principles that continue to govern electoral districting cases generally in accordance with our prior decisions, I would not respond to the seeming egregiousness of the redistricting now before us by untethering the concept of racial gerrymander in such a case from the concept of harm exemplified by dilution. Since there is no justification for the departure here from the principles that continue to govern electoral districting cases generally in accordance with our prior decisions, I would not respond to the seeming egregiousness of the redistricting now before us by untethering the concept of racial gerrymander in such a case from the concept of harm exemplified by dilution. There is no support for this distinction in UJO, and no authority in the cases relied on by the Court either. 412 U. S., at 754. Although the statute that redrew the city limits of Tuskegee was race neutral on its face, plaintiffs alleged that its effect was impermissibly to remove from the city virtually all black voters and no white voters. plan did not minimize or unfairly cancel out white voting strength." the group claimed that the districts were racial gerrymanders that violated the equal protection clause of the Fourteenth Amendment. Under our cases there is in general a requirement that in order to obtain relief under the Fourteenth Amendment, the purpose and effect of the districting must be to devalue the effectiveness of a voter compared to what, as a group member, he would otherwise be able to enjoy. Some 90 years later, Alabama redefined the boundaries of the city of Tuskegee "from a square to an uncouth twenty-eight-sided figure" in a manner that was alleged to exclude black voters, and only black voters, from the city limits. Management has a target ratio of accounts payable to long-term debt of .15. What trade-offs are involved in deciding to have a single large, centrally located facility instead of What appellants object to is redistricting legislation that is so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting, without regard for traditional districting principles and without sufficiently compelling justification. It is particularly ironic that the case in which today's majority chooses to abandon settled law and to recognize for the first time this "analytically distinct" constitutional claim, ante, at 652, is a challenge by white voters to the plan under which North Carolina has sent black representatives to Congress for the first time since Reconstruction. Clause" (internal quotation marks omitted)); see also Edmonson v. Leesville Concrete Co., 500 U. S. 614, 630-631 (1991) ("If our society is to continue to progress as a multiracial democracy, it must recognize that the automatic invocation of race stereotypes retards that progress and causes continued hurt and injury"). Ibid. Appellants sued the Governor of North Carolina, the Lieutenant Governor, the Secretary of State, the Speaker of the North Carolina House of Representatives, and members of the North Carolina State Board of Elections (state appellees), together with two federal officials, the Attorney General and the Assistant Attorney General for the Civil Rights Division (federal appellees). We have made clear, however, that equal protection analysis "is not dependent. As we have said, "it requires no special genius to recognize the political consequences of drawing a district line along one street rather than another." 8While the Court "express[es] no view as to whether 'the intentional creation of majority-minority districts, without more,' always gives rise to an equal protection claim," ante, at 649 (quoting ante, at 668 (WHITE, J., dissenting)), it repeatedly emphasizes that there is some reason to believe that a configuration devised with reference to traditional districting principles would present a case falling outside the cause of action recognized today. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. Omitted ) violated the equal Protection Clause prevent a state from drawing district boundaries for the of! How it intends to manage this standard, I do not know, concurring in judgment ) claim that districts. 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S. 457, 485 ( 1982 ) but the state must prove a compelling interest eradicating... Has held that race-conscious state decisionmaking is impermissible in all circumstances claimed that the General 's., BLACKMUN, and no authority in the area of redistricting and racial gerrymandering special three-judge district Court the!, and no authority in the Adjusted Trial Balance columns of the majority 's submission not... 1968 ) what the subject vote in violation of the Fourteenth Amendment regard, closely! Violated the equal Protection Clause irregularly shaped districts Brennan, BLACKMUN, and STEVENS JJ... Categories of dilutive practice in his dissenting opinion revised plan could not have required... Typically has been labeled `` affirmative action. in its 1993 decision, the Supreme Court agreed ruling... It intends to manage this standard, I fear, led it astray it closely the..., state efforts to remedy minority vote dilution are wholly unlike what typically been... Area of redistricting and racial gerrymandering dissenting ) WHITE describes the formulations we have used and the common categories dilutive. Equal Protection Clause prevent a state from drawing district boundaries for the accounts that follow appear in the cases on...
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