SHAW et al. There is a characteristic coincidence of disadvantageous effect and illegitimate purpose associated with the State's use of race in those situations in which it has immediately trig-. 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. See ante, at 661-663, 669-670.6. 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. 1237, 1258 (1993). That sort of race consciousness does not lead inevitably to impermissible race discrimination. Because Gingles involved North Carolina, which the Court admits has earlier established the existence of "pervasive racial bloc voting," ante, at 656, its citizens and legislators-as well as those from other States-will no doubt be confused by the Court's requirement of evidence in one type of case that the Constitution now prevents reliance on in another. to Brief for Federal . This Court's subsequent reliance on Gomillion in other Fourteenth Amendment cases suggests the correctness of Justice Whittaker's view. Why did four justices in this case dissent from majority opinion? Since I have already written at length about these questions,l my negative answer to each can be briefly explained. of Ed., 476 U. S. 267, 277278 (1986) (plurality opinion); id., at 285 (O'CONNOR, J., concurring in part and concurring in judgment). Statement 67a-lOOa (Complaint and Motion for Preliminary Injunction and For Temporary Restraining Order). 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. In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. 86.3% of the population in the 18th District was classified as nonwhite or Puerto Rican. to Brief for Federal Appellees lOa. We also do not decide. Get free summaries of new US Supreme Court opinions delivered to your inbox! The Attorney General's interposition of a 5 objection "properly is viewed" as "an administrative finding of discrimination" against a racial minority. 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. R. Dixon, Democratic Representation: Reapportionment in Law and Politics 459 (1968). As we explained in Feeney: "A racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only. 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. For discussion of the substance of these opinions, see infra text accompanying notes 53-74. Second, JUSTICE STEVENS argues that racial gerrymandering poses no constitutional difficulties when district lines are drawn to favor the minority, rather than the majority. After the 1990 census, the North Carolina General Assembly was entitled to a 12th seat in the U.S. House of Representatives and redrew its congressional districts to account for the changes in population. Since I do not agree that appellants alleged an equal protection violation and because the Court of Appeals faithfully followed the Court's prior cases, I dissent and would affirm the judgment below. 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. The majority resolved the case under the Fifteenth Amendment. The second majority-black district, District 12, is even more unusually shaped. Thus, we express no view as to whether "the intentional creation of majority-minority districts, without more," always gives rise to an equal protection claim. App. What is the purpose of an input device? Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Ante, at 658. Brief for Appellants 57. BLACKMUN, J., post, p. 676, STEVENS, J., post, p. 676, and SOUTER, J., post, p. 679, filed dissenting opinions. The Court, while seemingly agreeing with this position, warns that the State's redistricting effort must be "narrowly tailored" to further its interest in complying with the law. The required return on the companys new equity is 14%. 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. 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. Accord, Loving v. Virginia, 388 U. S. 1, 11 (1967). As a majority of the Justices construed the complaint, the UJO plaintiffs made a different claim: that the New York plan impermissibly "diluted" their voting strength. cases of electoral districting and one for most other types of state governmental decisions. 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. Racial classifications with respect to voting carry particular dangers. Id., at 59. Gomillion is consistent with this view. 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. Indeed, racial classifications receive close scrutiny even when they may be said to burden or benefit the races equally. What is the immediate change Because the General Assembly's reapportionment plan affected the covered counties, the parties agree that 5 applied. In the meantime, our human resources manager will send you an application form. Nor, because of the distinctions between the two categories, is there any risk that Fourteenth Amendment districting law as such will be taken to imply anything for purposes of general Fourteenth Amendment scrutiny about "benign" racial discrimination, or about group entitlement as distinct from individual protection, or about the appropriateness of strict or other heightened scrutiny.7. It may be that the terms for pleading this cause of action will be met so rarely that this case will wind up an aberration. Accordingly, the Court held that such schemes violate the Fourteenth Amendment when they are adopted with a discriminatory purpose and have the effect of diluting minority voting strength. You already receive all suggested Justia Opinion Summary Newsletters. The dissenters thought the unusual. 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. 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. UJO's framework simply does not apply where, as here, a reapportionment plan is alleged to be so irrational on its face that it immediately offends principles of racial equality. Washington Post, Apr. And those three Justices specifically concluded that race-based districting, as a response to racially polarized voting, is constitutionally permissible only when the State "employ[s] sound districting principles," and only when the affected racial group's "residential patterns afford the opportunity of creating districts in which they will be in the majority." 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. See 478 U. S., at 131, n. 12 (plurality opinion). 2. Statement 102a. In other words, North Carolina was found by Congress to have" 'resorted to the extraordinary stratagem of contriving new rules of various kinds for the sole purpose of perpetuating voting discrimination in the face of adverse federal court decrees'" and therefore "would be likely to engage in 'similar maneuvers in the future in order to evade the remedies for voting discrimination contained in the Act itself.'" Moreover, it seems clear to us that proof sometimes will not be difficult at all. Although I disagree with the holding that appellants' claim is cognizable, the Court's discussion of the level of scrutiny it requires warrants a few comments. Explain in words and with a diagram. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. Hirabayas hi v. United States, 320 U. S. 81, 100 (1943). This case involves two of the most complex and sensitive issues this Court has faced in recent years: the meaning of the constitutional "right" to vote, and the propriety of racebased state legislation designed to benefit members of historically disadvantaged racial minority groups. A new issue of common stock: The flotation costs of the new common stock would be 8% of the amount raised. 3 Although Davis involved political groups, the principles were expressly drawn from the Court's racial gerrymandering cases. In short, even assuming that racial (or political) factors were considered in the drawing of district boundaries, a showing of discriminatory effects is a "threshold requirement" in the absence of which there is no equal protection violation, id., at 143, and no need to "reach the question of the state interests served by the particular districts," id., at 142.4, To distinguish a claim that alleges that the redistricting scheme has discriminatory intent and effect from one that does not has nothing to do with dividing racial classifications between the "benign" and the malicious-an enterprise which, as the majority notes, the Court has treated with skepticism. 808 F. Regardless whether that description was accurate, see ante, at 645, it seriously deflates the precedential value which the majority seeks to ascribe to Gomillion: As I see it, the case cannot stand for the proposition that the intentional creation of majority-minority districts, without more, gives rise to an equal protection challenge under the Fourteenth Amendment. 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. (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. 392 (WDNC), and this Court summarily affirmed, 506 U. S. 801 (1992). Of the 10 counties through which District 12 passes, 5 are cut into 3 different districts; even towns are divided. We therefore consider what that level of scrutiny requires in the reapportionment context. Gaffney, 412 U. S., at 752, n. 18; see ante, at 647. Our voting rights precedents support that conclusion. 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. Complaint' 29, App. Id., at 313. that the white voters who brought the suit could not prove they had been injured in any way by the redistricting plan, and second, that the redistricting plan was an attempt to equalize treatment by providing minority voters with an effective voice in the political process, not an attempt to strip voting power from a particular group. a. 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). Its central purpose is to prevent the States from purposefully discriminating between individuals on the basis of race. Although I would leave this question for another day, I would note that even then courts have insisted on "some showing of injury to assure that the district court can impose a meaningful remedy." To be sure, as the Court says, it would be logically possible to apply strict scrutiny to these cases (and to uphold those uses of race that are permissible), see ante, at 653-657. Under the General Assembly's plan, two will vote for congressional representatives in District 12 and three will vote in neighboring District 2. 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. (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. Because appellants here stated such a claim, the District Court erred in dismissing their complaint. They alleged that the two districts concentrated a majority of black voters arbitrarily without regard to considerations such as compactness, contiguousness, geographical boundaries, or political subdivisions, in order to create congressional districts along racial lines and to assure the election of two black representatives. The majority also rejected appellants' claim that North Carolina's reapportionment plan was impermissible. With respect to this incident, one writer has observed that "understanding why the configurations are shaped as they are requires us to know at least as much about the interests of incumbent Democratic politicians, as it does knowledge of the Voting Rights Act." The state appellees assert that the deliberate creation of majority-minority districts is the most precise way-indeed the only effective way-to overcome the effects of racially polarized voting. Traditional civil rights groups--the NAACP Legal Defense Fund, Lawyers' Committee for Civil Rights Under Law, and the Mexican American Legal Defense Fund--submitted amicus curiae briefs in favor of the minority districts, and groups with long histories of opposition to quota programs--Washington Legal Foundation and the American Jewish Congress--argued against them. The voting age population of North Carolina is approximately 78% white, 20% black, and 1% Native American; the remaining 1% is predominantly Asian. The company raises all equity from outside financing. Appellants contend that redistricting legislation that is so bizarre on its face that it is "unexplainable on grounds other than race," Arlington Heights, supra, at 266, demands the same close scrutiny that we give other state laws that classify citizens by race. 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. Appellee Reno . 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". 1237, 1261, n. 96 (1993) (internal quotation marks omitted). It does so by glossing over the striking similarities, focusing on surface differences, most notably the (admittedly unusual) shape of the newly created district, and imagining an entirely new cause of action. 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. In my view there is no justification for the. Byron R. White White. ority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone." As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. 92-357. 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. 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. Two judges also concluded that, to the extent appellants challenged the Attorney General's preclearance decisions, their claim was foreclosed by this Court's holding in Morris v. Gressette, 432 U. S. 491 (1977). Gomillion thus supports appellants' contention that district lines obviously drawn for the purpose of separating voters by race require careful scrutiny under the Equal Protection Clause regardless of the motivations underlying their adoption. 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. 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." 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. Under 5, the State remained free to seek a declaratory judgment from the District Court for the District of Columbia notwithstanding the Attorney General's objection. Constitution prohibits using race as the basis for how to draw districts, 1. Disregard for geographic divisions and compactness often goes hand in hand with partisan gerrymandering. c. Answer the questions in part (b) for the minimum body temperature during the 24-hour period. of Elections, 393 U. S. 544, 569 (1969) (emphasis added). ); id., at 180, and n. (Stewart, J., joined by Powell, J., concurring in judgment).3. 3 Section 5 of the Voting Rights Act requires a covered jurisdiction to demonstrate either to the Attorney General or to the District Court that each new districting plan "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race[,] color, or [membership in a language minority.]" 439, as amended, 42 U. S. C. 1973c, the General Assembly passed new legislation creating a second majority-black district. of Ed., 476 U. S. 267 (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. But just because there frequently will be a constitutionally permissible use of race in electoral districting, as exemplified by the consideration of race to comply with the Voting Rights Act (quite apart from the consideration of race to remedy a violation of the Act or the Consti-. 7, that included a second majority-black district. See Part V for a discussion of these dissenting opinions. Shaw v. Reno Jennifer Denise Rogers . 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. Brown v. Board of Education, 347 U. S. 483, 495 (1954). In the example the verb is answered. Action verbs tell what the subject is doing or what is being done to the subject. By a 2-to-1 vote, the District Court also dismissed the complaint against the state appellees. the community, they violate the constitutional guarantee of equal protection"); Davis v. Bandemer, 478 U. S., at 178-183, and nn. They did not even claim to be white. To comply with 5 of the Voting Rights Act of 1965-which prohibits a covered jurisdiction from implementing changes in a "standard, practice, or . (Assume there is no difference between the pretax and aftertax accounts payable cost.). As for representative democracy, I have difficulty seeing how it is threatened (indeed why it is not, rather, enhanced) by districts that are not even alleged to dilute anyone's vote. That claim was dismissed, see Pope v. Blue, 809 F. Supp. Justice Whittaker, however, concluded that the "unlawful segregation of races of citizens" into different voting districts was cognizable under the Equal Protection Clause. When a newly created district cannot be explained by means other than race, it is subject to strict scrutiny. 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. Tr. Analogous Case. This problem continues the Draper Consulting situation from previous problems. The majority attempts to distinguish UJO by imagining a heretofore unknown type of constitutional claim. Carr. A. Thernstrom, Whose Votes Count? to Juris. Syllabus ; View Case ; Appellant Shaw . 1. North Carolina's failure to respect these principles, in Judge Voorhees' view, "augur[ed] a constitutionally suspect, and potentially unlawful, intent" sufficient to defeat the state appellees' motion to dismiss. They have made no showing that the redistricting scheme was employed as part of a 'contrivance to segregate'; to minimize or cancel out the voting strength of a minority class or interest; or otherwise to impair or burden the opportunity of affected persons to participate in the political process." T(t)=37.29+0.46cos[12(t16.37)]. See also Wygant v. Jackson Bd. I add these comments to emphasize that the two critical facts in this case are undisputed: First, the shape of District 12 is so bizarre that it must have been drawn for the purpose of either advantaging or disadvantaging a cognizable group of voters; and, second, regardless of that shape, it was drawn for the purpose of facilitating the election of a second black representative from North Carolina. to Juris. by Daniel J. Popeo and Richard A. Samp. On the same reasoning, I would affirm the District Court's dismissal of appellants' claim in this instance. A second distinction between districting and most other governmental decisions in which race has figured is that those other decisions using racial criteria characteristically occur in circumstances in which the use of race to the advantage of one person is necessarily at the obvious expense of a member of a different race. Webster's Collegiate Dictionary 1063 (9th ed. u. S. 735, 753 (1973); see also Mobile v. Bolden, supra, at 86-87 (STEVENS, J., concurring in judgment). 430 U. S., at 168 (opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ.) McCain v. Lybrand, 465 U. S. 236, 245 (1984) (quoting South Carolina v. Katzenbach, 383 U. S. 301, 334, 335 (1966)).5 Like New York, North Carolina failed to prove to, 5 In Thornburg v. Gingles, 478 U. S. 30, 38 (1986), we noted the District Court's findings that "North Carolina had officially discriminated against. 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." Croson Co.(1989) (city contracting);Wygant v. Jackson Bd. Supp., at 472-473. Id., at 154-155. 20, 1993, p. A4. We emphasize that these criteria are important not because they are constitutionally required-they are not, cf. 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). Supp., at 475-477 (opinion concurring in part and dissenting in part). 657-658. These arguments were not developed below, and the issues remain open for consideration on remand. Consider that PC has a 35% tax rate. Oral Argument - April 20, 1993; Opinions. Const., Arndt. In our view, the District Court properly dismissed appellants' claims against the federal appellees. 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. The plan ignores the directive of the [Department of Justice] to create a minority district in the southeastern portion of North Carolina since any such district would jeopardize the reelection of the Democratic incumbent." See, e. g., Gomillion v. Lightfoot, 364 U. S. 339, 341 (1960) (voters alleged to have been excluded from voting in the municipality). Racial classifications of any sort pose the risk of lasting harm to our society. In whatever district, the individual voter has a right to vote in each election, and the election will result in the voter's representation. 1989 ) ( city contracting ) ; Wygant v. Jackson Bd reapportionment plan was impermissible we therefore consider what level... 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