See ante, at 634-635. v. RENO, ATTORNEY GENERAL, ET AL. 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." In the meantime, our human resources manager will send you an application form. (1986) (teacher layoffs), electoral districting calls for decisions that nearly always require some consideration of race for legitimate reasons where there is a racially mixed population. It also dismissed the complaint against the state appellees, finding, among other things, that, under United Jewish Organizations of Williams burgh, Inc. v. Carey, 430 U. S. 144 (UJO), appellants had failed to state an equal protection claim because favoring minority voters was not discriminatory in the constitutional sense and the plan did not lead to proportional underrepresentation of white voters statewide. 75-104, p. 6, n. 6) (emphasis in original). 461, 476 (EDNC 1992) (Voorhees, C. J., concurring in part and dissenting in part), and a "bug splattered on a windshield," Wall Street Journal, Feb. 4, 1992, p. A14. See United States v. Detroit Lumber Co., 200 U.S. 321, 337. Two others concluded that the statute did not minimize or cancel out a minority group's voting strength and that the State's intent to comply with the Voting Rights Act, as interpreted by the Department of Justice, "foreclose[d] any finding that [the State] acted with the invidious purpose of discriminating against white voters." The General Assembly enacted a reapportionment plan that included one majority-black congressional district. The state appellees submit that two pieces of evidence gave the General Assembly a strong basis for believing that remedial action was warranted here: the Attorney General's imposition of the 5 preclearance requirement on 40 North Carolina counties, and the Gingles District Court's findings of a long history of official racial discrimination in North Carolina's political system and of pervasive racial bloc voting. 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. 92-357 . But the cases are critically different in another way. We have rejected such perceptions elsewhere as impermissible racial stereotypes. By perpetuating such notions, a racial gerrymander may exacerbate the very patterns of racial bloc voting that majority-minority districting is sometimes said to counteract. Shaw v. Hunt, 861 F. Supp. See post, at 679 (opinion of STEVENS, J. Our different approaches to equal protection in electoral districting and nondistricting cases reflect these differences. 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. What nonverbal communication category does cigarette smoking fall under? "Dilution" thus refers to the effects of districting decisions not on an individual's political power viewed in isolation, but on the political power of a group. I believe that the Equal Protection Clause is violated when the State creates the kind of uncouth district boundaries seen inKarcher v. Daggett(1983),Gomillion v. Lightfoot)(1960), and this case, for the sole purpose of making it more difficult for members of a minority group to win an election. We also do not decide. What is the NPV of the new plant? 808 F. See id., at 55,58. Dissenting Opinion (Harlan):. We noted probable jurisdiction. See, e. g., Wygant v. Jackson Bd. See Personnel Administrator of Mass. For the reasons that follow, we conclude that appellants have stated a claim upon which relief can be granted under the Equal Protection Clause. 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. Classifications of citizens solely on the basis of race "are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality." 7 I borrow the term "segregate" from the majority, but, given its historical connotation, believe that its use is ill advised. given $1,000\$1,000$1,000 in food stamps to supplement his $1,000\$1,000$1,000 More importantly, the majority's submission does not withstand analysis. The only justification I can imagine would be the preservation of "sound districting principles," such as compactness and contiguity. 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. There is thus no theoretical inconsistency in having two distinct approaches to equal protection analysis, one for cases of electoral districting and one for most other types of state governmental decisions. 1300 (1966). We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. The majority-minority district that is at the center of the controversy is, according to the State, 54.71% Mrican-American. It spite of such criticisms, the redistricting accomplished its goal. 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. 430 U. S., at 162-163 (opinion of WHITE, J., joined by Brennan, BLACKMUN, and STEVENS, JJ.) The Act proved immediately successful in ensuring racial minorities access to the voting booth; by the early 1970's, the spread between black and white registration in several of the targeted Southern States had fallen to well below 10%. 1973). Final Vote: 5-4. . ham County, North Carolina, all registered to vote in that county. In this case, the Attorney General suggested that North Carolina could have created a reasonably compact second majority-minority district in the south-central to southeastern part of the State. Statement 67a-lOOa (Complaint and Motion for Preliminary Injunction and For Temporary Restraining Order). We note, however, that only three Justices in UJO were prepared to say that States have a significant interest in minimizing the consequences of racial bloc voting apart from the requirements of the Voting Rights Act. 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." Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. 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. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. As long as members of racial groups have the commonality of interest implicit in our ability to talk about concepts like "minority voting strength," and "dilution of minority votes," cf. Again, in White v. Regester, supra, the same criteria were used to uphold the District Court's finding that a redistricting plan was unconstitutional. 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. The voting age population of North Carolina is approximately 78% white, 20% black, and 1% Native American; the remaining 1% is predominantly Asian. The North Carolina Republican Party and individual voters brought suit in Federal District Court, alleging that the plan constituted an unconstitutional political gerrymander under Davis v. Bandemer, 478 U. S. 109 (1986). When a district obviously is created solely to effectuate the perceived common interests of one racial group, elected officials are more likely to believe that their primary obligation is to represent only the members of that group, rather than their constituency as a whole. Sign up for our free summaries and get the latest delivered directly to you. Shaw v. Reno Jennifer Denise Rogers . Dissenting Opinion. A state must prove a compelling interest in order to survive a legal challenge to the redistricting plan. The court agreed unanimously that it lacked subject matter jurisdiction by reason of 14(b) of the Voting Rights Act, 42 U. S. C. 1973l(b), which vests the District Court for the District of Columbia with exclusive jurisdiction to issue injunctions against the execution of the Act and to enjoin actions taken by federal officers pursuant thereto. In Guinn v. United States, 238 U. S. 347 (1915), the Court invalidated under the Fifteenth Amendment a statute that imposed a literacy requirement on voters but contained a "grandfather clause" applicable to individuals and their lineal descendants entitled to vote "on [or prior to] January 1, 1866." tion. Washington Post, Apr. Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). The Justice Department under the George H.W. E. Foner, Reconstruction: America's Unfinished Revolution, 1863-1877, p. 590 (1988). They did not even claim to be white. 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.'" Moreover, a group's power to affect the political process does not automatically dissipate by virtue of an electoral loss. SHAW ET AL. 392 (WDNC), and this Court summarily affirmed, 506 U. S. 801 (1992). Not very long ago, of course, it was argued that minority groups defined by race were the only groups the Equal Protection Clause protected in this context. Rule Civ. Thus, state legislation that expressly distinguishes among citizens on account of race-whether it contains an explicit distinction or is "unexplainable on grounds other than race," Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266-must be narrowly tailored to further a compelling governmental interest. The dissenters consider the circumstances of this case "functionally indistinguishable" from multimember districting and at-large voting systems, which are loosely described as "other varieties of gerrymandering." Complaint' 29, App. U. S. This is the reason that the placement of given voters in a given district, even on the basis of race, does not, without more, diminish the effectiveness of the individual as a voter. 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, see id., at 165-168 (opinion of WHITE, J., joined by REHNQUIST and STEVENS, JJ. 2 It should be noted that 2 of the Voting Rights Act forbids any State to impose specified devices or procedures that result in a denial or abridgment of the right to vote on account of race or color. The District Court below relied on these portions of UJO to reject appellants' claim. There is no support for this distinction in UJO, and no authority in the cases relied on by the Court either. R. Dixon, Democratic Representation: Reapportionment in Law and Politics 459 (1968). It therefore warrants different analysis. Gomillion v. Lightfoot, 364 U. S. 339, 340 (1960). (equating various articulations of standards of review "more stringent" than "'reasonableness'" with "strict scrutiny"). On the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Turner, Thomas G. Hungar, and Jessica Dunsay Silver. For much of our Nation's history, that right sadly has been denied to many because of race. It does so by glossing over the striking similarities, focusing on surface differences, most notably the (admittedly unusual) shape of the newly created districtand imagining an entirely new cause of action. -using race in redistricting is as important of it being continuous. Id., at 139. Const., Arndt. The message that such districting sends to elected representatives is equally pernicious. Thus, for example, awarding government contracts on a racial basis excludes certain firms from competition on racial grounds. When an assumption that people in a particular minority group (whether they are defined by the political party, religion, ethnic group, or race to which they belong) will vote in a particular way is used to benefit that group, no constitutional violation occurs. Even Members of the Court least inclined to approve of race-based remedial measures have acknowledged the significance of this factor. Gaffney v. Cummings, 412. 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. There are three financing options: 1. US attorney general rejected a North Carolina congressional reappointment plan because the plan created only one black majority district, 1. 5. See, e. g., Holland v. Illinois, 493 U. S. 474, 484, n. 2 (1990) ("[A] prosecutor's assumption that a black juror may be presumed to be partial simply because he is black violates the Equal Protection. We said as much in Gaffney: "[C]ourts have [no] constitutional warrant to invalidate a state plan, otherwise within tolerable population limits, because it undertakes, not to minimize or eliminate the political strength of any group or party, but to recognize it and, through districting, provide a rough sort of proportional representation in the legislative halls of the State." Supp., at 467. Pleading such an element, the Court holds, suffices without a further allegation of harm, to state a claim upon which relief can be granted under the Fourteenth Amendment. This will be true in areas where the minority population is geographically dispersed. The shapes of the two districts in question were quite controversial. v. Bakke, supra, at 305 (opinion of Powell, J.). The first question is easy. 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.''' It is ironic that it does so when white voters challenge a law that would have North Carolina send a black representative to Congress for the first time since Reconstruction, here is no constitutional requirement of compactness or contiguity for districts. 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. But even recast as a Fourteenth Amendment case, Gomillion does not assist the majority, for its focus was on the alleged effect of the city's action, which was to exclude black voters from the municipality of Tuskegee. Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). 2 Recognition of actual commonality of interest and racially polarized bloc voting cannot be equated with the "'invocation of race stereotypes'" described by the Court, ante, at 648 (quoting Edmonson v. Leesville Concrete Co., 500 U. S. 614, 630-631 (1991)), and forbidden by our case law. Summary: Shaw v. Reno, 509 U.S. 630 (1993), was a landmark United States Supreme Court case argued on April 20, 1993. Ante, at 652. At some points the district was no wider than Interstate 85, prompting one state legislator to remark that if "you drove down the interstate with both car doors open, you'd kill most of the people in the district." of Elections, 393 U. S. 544, 569 (1969) (emphasis added). Cf. Under this approach, in the absence of an allegation of such cognizable harm, there is no need for further scrutiny because a gerrymandering claim cannot be proven without the element of harm. Disregard for geographic divisions and compactness often goes hand in hand with partisan gerrymandering. Might the consumer be better off with $2,000\$2,000$2,000 in income? But the State must have a "'strong basis in evidence for [concluding] that remedial action [is] necessary.'" The other part of the majority's explanation of its holding is related to its simultaneous discomfort and fascination with irregularly shaped districts. Justice Souter, in his dissenting opinion in the Texas case, said the path on which the Court had embarked in the 1993 Shaw v. Reno decision, from which he also dissented, had proven unworkable. 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. When an assumption that people in a particular minority group (whether they are defined by the political party, religion, ethnic group, or race to which they belong) will vote in a particular way is used to benefit that group, no constitutional violation occurs. 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. 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. Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). On the same reasoning, I would affirm the District Court's dismissal of appellants' claim in this instance. of Ed., 476 U. S. 267, 277278 (1986) (plurality opinion); id., at 285 (O'CONNOR, J., concurring in part and concurring in judgment). 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. *Briefs of amici curiae urging reversal were filed for the American Jewish Congress by Marc D. Stern and Lois C. Waldman; for the Republican National Committee by Benjamin L. Ginsberg and Michael A. Hess; and for the Washington Legal Foundation et al. 14th Amendment Equal Protection Clause. 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-. The Fifteenth Amendment, ratified in 1870 after a bloody Civil War, promised unequivocally that "[t]he right of citizens of the United States to vote" no longer would be "denied or abridged by any State on account of race, color, or previous condition of servitude." What was Justice Blackmun's dissent opinion? With him on the briefs were Michael F. Easley, Attorney General of North Carolina, Edwin M. Speas, Jr., Senior, Deputy Attorney General, and Norma S. Harrell and Tiare B. Smiley, Special Deputy Attorneys General. Connor v. Finch, 431 U. S. 407, 422 (1977); the "stacking" of "a large minority population concentration with a larger white population," Parker, Racial Gerrymandering and Legislative Reapportionment, in Minority Vote Dilution 85, 92 (C. Davidson ed. the community, they violate the constitutional guarantee of equal protection"); Davis v. Bandemer, 478 U. S., at 178-183, and nn. As we have held, one's constitutional rights are not violated merely because the candidate one supports loses the election or because a group (including a racial group) to which one belongs winds up with a representative from outside that group. The Attorney General objected to the plan on the ground that a second district could have been created to give effect to minority voting strength in the State's south-central to southeastern region. Brief for Appellants 57. The "historic and present condition" of the Mexican-American community, id., at 767, a status of cultural and economic marginality, id., at 768, as well as the legislature's unresponsiveness to the group's interests, id., at 768-769, justified the conclusion that MexicanAmericans were "'effectively removed from the political processes,'" and "invidiously excluded from effective participation in political life," id., at 769. To help you find the subject, ask, Who answered? v. Bakke, 438 U. S. 265, 304-305 (1978) (Powell, J.) 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. Indeed, the Voting Rights Act and our case law make clear that a reapportionment plan that satisfies 5 still may be enjoined as unconstitutional. In addition, nothing in the Court's decisions compels the conclusion that racial and political gerrymanders are subject to the same constitutional scrutiny; in fact, this country's long and persistent history of racial discrimination in voting and the Court's Fourteenth Amendment jurisprudence would seem to compel the opposite conclusion. Analogous Case. Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's Equal Protection Clause. But as JUSTICE WHITE points out, see ante, at 672 (dissenting opinion), and as the Court acknowledges, see ante, at 647, we have held that such principles are not constitutionally required, with the consequence that their absence cannot justify the distinct constitutional regime put in place by the Court today. Once the Attorney General has found that a proposed redistricting change violates 5's nonretrogression principle in that it will abridge a racial minority's right to vote, does "narrow tailoring" mean that the most the State can do is preserve the status quo? These unarguable facts, which the Court devotes most of its opinion to proving, give rise to three constitutional questions: Does the Constitution impose a requirement of contiguity or compactness on how the States may draw their electoral districts? This is altogether antithetical to our system of representative democracy. post, at 684-685 (dissenting opinion). What was argued? In some exceptional cases, a reapportionment plan may be so highly irregular that, on its face, it rationally cannot be. JOHN H. MERRILL, ALABAMA SECRETARY OF STATE, ET AL. 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. William H. Rehnquist Rehnquist. It is currently at its target debtequity ratio of .60. The Court today answers this question in the affirmative, and its answer is wrong. Freedom of Speech, Assembly, and Association. Cf. See ante, at 642-643. The existence of bizarre and uncouth district boundaries is powerful evidence of an ulterior purpose behind the shaping of those boundaries-usually a purpose to advantage the political party in control of the districting process. 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. They alleged that the General Assembly deliberately "create[d] two Congressional Districts in which a majority of black voters was concentrated arbitrarily--without regard to any other considerations, such as compactness, contiguousness, geographical boundaries, or political subdivisions" with the purpose "to create Congressional Districts along racial lines" and to assure the election of two black representatives to Congress. "The right to vote freely for the candidate of one's choice is of the essence of a democratic society."Reynolds v. Sims[1964]. Draper uses the allowance method for receivables, estimating uncollectibles to be 5% of January credit sales. , for example, awarding government contracts on a racial basis excludes certain firms from on. John H. MERRILL, ALABAMA SECRETARY of State, 54.71 % Mrican-American, U.! '' with `` strict scrutiny '' ) may be so highly irregular that, on its face it... 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RENO, ATTORNEY General, ET AL irregularly shaped.! Majority-Minority district that is at the center of the essence of a Democratic society is equally pernicious plaintiffs... Would affirm the district Court below relied on by the Court least inclined to approve of race-based measures! Get the latest delivered directly to you of representative democracy summarize, comment on, and authority. Some exceptional cases, a group 's power to affect the political process does not automatically dissipate by virtue an... According to the State, 54.71 % Mrican-American, Reconstruction: America 's Unfinished Revolution 1863-1877. N. 6 ) ( WHITE, J., dissenting ) power to affect the political process not. Development Corp., 429 U. S. 801 ( 1992 ) America 's Unfinished Revolution, 1863-1877, 6... Cases, a reapportionment plan that included one majority-black congressional district 2,000 $ in. For attorneys to summarize, comment on, and no authority in the cases relied on these portions of to! 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RENO, ATTORNEY General Turner, Thomas g.,... 130, 144 ( 1976 ) ( emphasis in original ) free summaries and get the latest delivered directly you! Approaches to equal protection in electoral districting and nondistricting cases reflect these.... Of such criticisms, the redistricting accomplished its goal such as compactness contiguity. Review `` more stringent '' than `` 'reasonableness ' '' with `` strict scrutiny )... Contracts on a racial basis excludes certain firms from competition on racial grounds than `` 'reasonableness ''! Its answer is wrong 340 ( 1960 ) accomplished its goal as impermissible racial stereotypes ( equating various of... Inclined to approve of race-based remedial measures have acknowledged the significance of this.. 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