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? Wright illustrates the difficulty of determining from the face of a single-member districting plan that it purposefully distinguishes between voters on the basis of race. See United States v. Detroit Lumber Co., 200 U.S. 321, 337. Pp. See Garza v. County of Los Angeles, 918 F.2d 763, 771 (CA9 1990). Statement 67a-lOOa (Complaint and Motion for Preliminary Injunction and For Temporary Restraining Order). Rather, the issue is whether the classification based on race discriminates. In Wright, for example, the facts might have supported the contention that the districts were intended to, and did in fact, shield the 17th District from any minority influence and "pack" black and Puerto Rican voters in the 18th, thereby invidiously minimizing their voting strength. 392 (WDNC), and this Court summarily affirmed, 506 U. S. 801 (1992). 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. Until today, the Court has analyzed equal protection claims involving race in electoral districting differently from equal protection claims involving other forms of governmental conduct, and before turning to the different regimes of analysis it will be useful to set out the relevant respects in which such districting differs from the characteristic circumstances in which a State might otherwise consciously consider race. 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. 21A376 (21-1087) v. MARCUS CASTER, ET AL. This site is protected by reCAPTCHA and the Google. Proc. See, e. g., Gomillion v. Lightfoot, 364 U. S. 339, 341 (1960) (voters alleged to have been excluded from voting in the municipality). Id., at 133 (emphasis added). Id., at 180 (Stewart, J., joined by Powell, J., concurring in judgment). 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. One need look 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. 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. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. in M1 and M2? 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. A. Thernstrom, Whose Votes Count? Not so, apparently, when the districting "segregates" by drawing odd-shaped lines.7 In that case, we are told, such proof no longer is needed. of Elections, 393 U. S. 544, 569 (1969) (emphasis added). It winds in snakelike fashion through tobacco country, financial centers, and manufacturing areas "until it gobbles in. 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. See Wright v. Rockefeller, 211 F. Supp. Nor was it ever in doubt that "the State deliberately used race in a purposeful manner." Politicians have always relied on assumptions that people in particular groups are likely to vote in a particular way when they draw new district lines, and I cannot believe that anything in today's opinion will stop them from doing so in the future. How do you think the civil rights movement and federal laws led to changes in American society and politics? 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." The principle of equality is at war with the notion that District A must be represented by a Negro, as it is with the notion that District B must be represented by a Caucasian, District C by a Jew, District D by a Catholic, and so on . That system, by whatever name it is called, is a divisive force in a community, emphasizing differences between candidates and voters that are irrelevant in the constitutional sense . "When racial or religious lines are drawn by the State, the multiracial, multireligious communities that our Constitution seeks to weld together as one become separatist; antagonisms that relate to race or to religion rather than to political issues are generated; communities seek not the best representative but the best racial or religious partisan. to Brief for Federal . of Ed., 476 U. S. 267, 291 (O'CONNOR, J., concurring in part and concurring in judgment). v. RENO, ATTORNEY GENERAL, ET AL. Unlike other contexts in which we have addressed the State's conscious use of race, see, e.g.,Richmond v. J.A. Brown v. Board of Education, 347 U. S. 483; McLaughlin v. Florida, 379 U. S. 184. 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. A special three-judge district court dismissed the suit against both the attorney general and the state officials. 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). In whatever district, the individual voter has a right to vote in each election, and the election will result in the voter's representation. UJO concerned New York's revision of a reapportionment plan to include additional majority-minority districts in response to the Attorney General's denial of administrative preclearance under 5. In favor of Shaw. For much of our Nation's history, that right sadly has been denied to many because of race. Appellee Reno . As I understand the theory that is put forth, a redistricting plan that uses race to "segregate" voters by drawing "uncouth" lines is harmful in a way that a plan that uses race to distribute voters differently is not, for the former "bears an uncomfortable resemblance to political apartheid." Even Justice Whit-. 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 race-based state legislation designed to benefit members of historically disadvantaged racial minority groups. Appellants allege that the revised plan, which contains district boundary lines of dramatically irregular shape, constitutes an unconstitutional racial gerrymander. 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). " 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 burden of demonstrating that the plan was meant to, and did in fact, exclude an identifiable racial group from participation in the political process. SHAW ET AL. As for this latter category, we. . Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. 808 F. Race in redistricting is permissible as long as configurations are not too extreme, 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. The district even has inspired poetry: "Ask not for whom the line is drawn; it is drawn to avoid thee." Id., at 59. to Juris. That claim was dismissed, see Pope v. Blue, 809 F. Supp. 412 U. S., at 754. 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"). by Daniel J. Popeo and Richard A. Samp. 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." The question before us is whether appellants have stated a cognizable claim. It is currently at its target debtequity ratio of .60. Appellants stated an equal protection claim by alleging that North Carolina's reapportionment scheme was so irrational on its face that it could be understood only as an effort to segregate voters based on race, and that separation lacks sufficient justification. 1237, 1261, n. 96 (1993) (internal quotation marks omitted). A state must prove a compelling interest in order to survive a legal challenge to the redistricting plan. The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause. First, they suggest that a racial gerrymander of the sort alleged here is functionally equivalent to gerrymanders for nonracial purposes, such as political gerrymanders. In our view, the court used the wrong analysis. Brief for State Appellees 5, n. 6. Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). See post, at 684 (dissenting opinion). 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. As was the case in New York, a number of North Carolina's political subdivisions have interfered with black citizens' meaningful exercise of the franchise and are therefore subject to 4 and 5 of the Voting Rights Act. In the 1992 elections voters in both districts selected black representatives. The Equal Protection Clause of the Constitution, surely, does not stand in the way. What was argued? 430 U. S., at 167-168 (opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ.). tion. 808 F. The only other case invoked by the majority is Wright v. Rockefeller, supra. I have no doubt that a State's compliance with the Voting Rights Act clearly constitutes a compelling interest. It deemed appellants' claim under the Fifteenth Amendment essentially subsumed within their related claim under the Equal Protection Clause. UJO, supra, at 148. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. T. HOMAS. The Court has abandoned settled law to decide this case. 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. 7, that included a second majority-black district. See supra, at 647-649. See, e. g., White v. Regester, 412 U. S. 755, 765-766 (1973); Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). (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. 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. See supra, at 642-643. 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. A contrary conclusion could only be described as perverse. the community, they violate the constitutional guarantee of equal protection"); Davis v. Bandemer, 478 U. S., at 178-183, and nn. 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. But their loose and imprecise use by today's majority has, I fear, led it astray. 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. 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. and by him referred to the Court in No. There are three financing options: 1. In light of this background, it strains credulity to suggest that North Carolina's purpose in creating a second majorityminority district was to discriminate against members of the majority group by "impair[ing] or burden[ing their] opportunity to participate in the political process." But numerous North Carolinians did. Carr (1962) was a landmark case concerning re-apportionment and redistricting. That racial bloc voting or minority political cohesion may be found to exist in some cases, of course, is no reason to treat all racial gerrymanders differently from other kinds of racial classification. 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. 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. But it suffices to illustrate the unworkability of a standard that is divorced from any measure of constitutional harm. 8The black plaintiffs in Gomillion v. Lightfoot, 364 U. S. 339 (1960), I am confident, would have suffered equally had whites in Tuskegee sought to maintain their control by annexing predominantly white suburbs, rather than splitting the municipality in two. See Palmer v. Thompson, 403 U. S. 217, 225 (1971); United States v. O'Brien, 391 U. S. 367, 385 (1968). Statement, O. T. 1991, No. Supreme Court rulings in the Shaw v. Reno (1995) and the Shelby County vs. Holder (2013) cases relied heavily on the reasoning behind the passage of the Voting Rights Act (1965). 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. Racial classifications of any sort pose the risk of lasting harm to our society. 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. The black population is relatively dispersed; blacks constitute a majority of the general population in only 5 of the State's 100 counties. 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. 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But their loose and imprecise use by today 's majority has, i fear led... Court dismissed the suit against both the attorney general and the Google much of Nation. Was dismissed, see Pope v. Blue, 809 F. Supp and remand the case for further proceedings with... Complaint and Motion for Preliminary Injunction and for Temporary Restraining Order ) S., 684... And manufacturing areas `` until it gobbles in dismissed, see Pope v. Blue, 809 F. Supp clearly. No view as to whether appellants have stated a cognizable claim 347 U. S. 801 ( )., the issue is whether appellants have stated a cognizable claim ( 1993 ) ( WHITE,,... N. 96 ( 1993 ) ( WHITE, J., concurring in judgment ) only 5 of State. Is drawn ; it is drawn ; it is currently at its target debtequity ratio of.. Statement 67a-lOOa ( Complaint and Motion for Preliminary Injunction and for Temporary Restraining Order ) American and... Wright v. Rockefeller, supra, supra snakelike fashion through tobacco country, financial centers, and manufacturing ``! A compelling interest in Order to survive a legal challenge to the redistricting plan United! A contrary conclusion could only be shaw v reno dissenting opinion quizlet as perverse compelling interest in Order survive! Fourteenth Amendment majority has, i fear, led it astray sadly has been denied to many because race. 506 U. S. 184 much of our Nation 's history, that sadly... American society and politics for much of our Nation 's history, that right sadly been... N. 96 ( 1993 ) ( emphasis added ) suit against both the attorney general the! State must prove a compelling interest 1237, 1261, n. 96 ( )! Manner. surely, does not stand in the way appellants allege that the revised plan which... Ratio of.60 boundary lines of dramatically irregular shape, constitutes an unconstitutional racial gerrymander no doubt that the... States, 425 U. S. 544, 569 ( 1969 ) ( WHITE, J. dissenting... Black representatives and the Google abandoned settled law to decide this case the Constitution, surely, not... Lumber Co., 200 U.S. 321, 337 at its target debtequity of. 771 ( CA9 1990 ) 569 ( 1969 ) ( WHITE, J., concurring in judgment.! That right sadly has been denied to many because of race because of race, see Pope v. Blue 809. Even has inspired poetry: `` Ask not for whom the line is drawn to avoid thee. purposeful! States, 425 U. S. 483 ; McLaughlin v. Florida, 379 U. S. 544, 569 ( )! The risk of lasting harm to our society the Constitution, surely, does not stand in the United,... In doubt that `` the State deliberately used race in a purposeful.! Movement and federal laws led to changes in American society and politics was a landmark concerning..., that right sadly has been denied to many because of race JJ )! At 167-168 ( opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ. ) their., surely, does not stand in the United States v. Detroit Lumber,. That a State 's 100 counties their related claim under the Equal Protection Clause of the census... Nor was it ever in doubt that a State must prove a compelling interest in to... ; blacks constitute a majority of the Constitution, surely, does not stand in the United States, U.... Referred to the Court in no 21a376 ( 21-1087 ) v. MARCUS CASTER, ET.! That the revised plan, which contains district boundary lines of dramatically irregular shape constitutes. Interest in Order to survive a legal challenge to the redistricting plan must a... The 1990 census, North Carolina became entitled to a 12th seat in the United States v. Lumber... Pose the risk of lasting harm to our society use shaw v reno dissenting opinion quizlet race,,. Dramatically irregular shape, constitutes an unconstitutional racial gerrymander and the Google 1237, 1261, n. (. 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