As explained below, that position cannot be squared with the one taken by the majority in this case. Wright is relevant only to the extent that it illustrates a proposition with which I have no problem: that a complaint stating that a plan has carved out districts on the basis of race can, under certain circumstances, state a claim under the Fourteenth Amendment. In other words, the statute was invalid because, on its face, it could not be explained on grounds other than race. They reinforce the belief, held by too many for too much of our history, that individuals should be judged by the color of their skin. But 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. Such districting might have both the intent and effect of "packing" members of the group so as to deprive them of any influence in other districts. 1994), probable jurisdiction noted 115 . electoral process. UJO, supra, at 150. UJO, supra, at 148. Northbound and southbound drivers on 1-85 sometimes find themselves in separate districts in one county, only to "trade" districts when they enter the next county. The General Assembly enacted a reapportionment plan that included one majority-black congressional district. Although the State argues that it had a strong basis for concluding that remedial action was warranted, 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 Act's requirements and without regard for sound districting principles. of Oral Arg. Put differently, we believe that reapportionment is one area in which appearances do matter. In districting, by contrast, the mere placement of an individual in one district instead of another denies no one a right or benefit provided to others. We also do not decide. I read these decisions quite differently. They threaten to stigmatize individuals by reason of their membership in a racial group and to incite racial hostility. But while district irregularities may provide strong indicia of a potential gerrymander, they do no more than that. 3. JUSTICE SOUTER apparently believes that racial gerrymandering is harmless unless it dilutes a racial group's voting strength. Finally, we must ask whether otherwise permissible redistricting to benefit an underrepresented minority group becomes impermissible when the minority group is defined by its race. 408 (E.D.N.C. The Constitution does not call for equal sized districts . 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. SHAW et al. NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. Post, at 671 (WHITE, J., dissenting); see also post, at 684 (SOUTER, J., dissenting). 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. 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.Thornburg v. Gingles(1986), and as long as racial bloc voting takes place, legislators will have to take race into account in order to avoid dilution of minority voting strength in the districting plans they adopt. Get Shaw v. Reno, 509 U.S. 630 (1993), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. 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. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. 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. It is currently at its target debtequity ratio of .60. See Rogers v. Lodge, 458 U. S. 613, 624-626 (1982); Chapman v. Meier, 420 U. S. 1, 17 (1975) (requiring proof that "the group has been denied access to the political process equal to the access of other groups").2. The Democratic National Committee maintained that the minority districts were constitutional, while the Republican National Committee argued that they were not. 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-. Why did four justices in this case dissent from majority opinion? Shortly after the complaint in Pope v. Blue was filed, appellants instituted the present action in the United States District Court for the Eastern District of North Carolina. 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 also post, at 662-663 (opinion of WHITE, J.). 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. 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. And when race is used to supplant seniority in layoffs, someone is laid off who would not be otherwise. 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. 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.'" Brown v. Board of Education, 347 U. S., at 494. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. Wright involved a challenge to a legislative plan that created four districts. US attorney general rejected a North Carolina congressional reappointment plan because the plan created only one black majority district, 1. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. 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. 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." Id., at 349. Regents of Univ. 430 U. S., at 168 (opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ.) 3. The Equal Protection Clause of the Constitution, surely, does not stand in the way. 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. 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. Research* indicates that the body temperature T(t)T(t)T(t) (in C{ }^{\circ} \mathrm{C}C ) of patients with Alzheimer's disease fluctuates periodically over a 24-hour period according to the formula, T(t)=37.29+0.46cos[(t16.37)12]T(t)=37.29+0.46 \cos \left[\frac{\pi(t-16.37)}{12}\right] Blumstein, Defining and Proving Race Discrimination: Perspectives on the Purpose V s. Results Approach from the Voting Rights Act, 69 Va. L. Rev. 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. ), or that such had been the State's intent, see id., at 179-180 (Stewart, J., joined by Powell, J., concurring in judgment). It also sends to elected representatives the message that their primary obligation is to represent only that group's members, rather than their constituency as a whole. The majority first took judicial notice of a fact omitted from appellants' complaint: that appellants are white. By perpetuating stereotypical notions about members of the same racial group-that they think alike, share the same political interests, and prefer the same candidates-a racial gerrymander may exacerbate the very patterns of racial bloc voting that majority-minority districting is sometimes said to counteract. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. Bandemer, 478 U. S., at 164 (Powell, J., concurring in part and dissenting in part) (internal quotation marks omitted). Cf. "As long as members of racial groups have [a] commonality of interest" and "racial bloc voting takes place," he argues, "legislators will have to take race into account" in order to comply with the Voting Rights Act. What trade-offs are involved in deciding to have a single large, centrally located facility instead of 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. 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. The Court today chooses not to overrule, but rather to sidestep,UJO. Pp. Gaffney v. Cummings, 412 U. S. 735, 752, n. 18 (1973)-but because they are objective factors that may serve to defeat a claim that a district has been gerrymandered on racial lines. 3 The majority does not acknowledge that we require such a showing from plaintiffs who bring a vote dilution claim under 2 of the Voting Rights Act. 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. 115 S. Ct. 2475 (1995). The Court has abandoned settled law to decide this case. Thus, "an equal protection violation may be found only where the electoral system substantially disadvantages certain voters in their opportunity to influence the political process effectively." See Appendix, infra. Petitioners'. See Richmond v. J. The district lines may be drawn, for example, to provide for compact districts of contiguous territory, or to maintain the integrity of political subdivisions. 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. Our voting rights precedents support that conclusion. [W]e believe that reapportionment is one area in which appearances do matter. It did not do so. Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). 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." Where it exists, most often the result is that neither white nor black can be elected from a district in which his race is in the minority." See Palmer v. Thompson, 403 U. S. 217, 225 (1971); United States v. O'Brien, 391 U. S. 367, 385 (1968). Indeed, racial classifications receive close scrutiny even when they may be said to burden or benefit the races equally. 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. Id., at 154, n. 14 (quoting Brief for Petitioners, O. T. 1976, No. 1300 (1966). Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. First, they suggest that a racial gerrymander of the sort alleged here is functionally equivalent to gerrymanders for nonracial purposes, such as political gerrymanders. Despite their invocation of the ideal of a "color-blind" Constitution, see Plessy v. Ferguson, 163 U. S. 537, 559 (1896) (Harlan, J., dissenting), appellants appear to concede that race-conscious redistricting is not always unconstitutional. Naomi buys $1,000 worth of American Express travelers checks and charges Voting Rights Act of 1965 encourages the creation of districts with majorities of minority voters. Even Justice Whit-. to Juris. A. Croson Co., 488 U. S. 469 (1989) (city contracting); Wygant v. Jackson Bd. and by him referred to the Court in No. The only justification I can imagine would be the preservation of "sound districting principles," such as compactness and contiguity. Ruth O. Shaw, a North Carolina resident who led a group of white voters in the lawsuit, Justices Rehnquist, O'Connor, Scalia, Kennedy, Thomas. App. 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. Final Vote: 5-4. 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. 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. Affirmative Action and Minority Voting Rights 44 (1987). ); id., at 179-180 (Stewart, J., joined by Powell, J., concurring in judgment). Appellants are five residents of Dur-. 506 U. S. 801 (1992). This will be true in areas where the minority population is geographically dispersed. Find the derivative T(t)T^{\prime}(t)T(t). 442 U. S., at 272. 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. The shape of the district at issue in this case is indeed so bizarre that few other examples are ever likely to carry the unequivocal implication of impermissible use of race that the Court finds here. The difficulty of proof, of course, does not mean that a racial gerrymander, once established, should receive less scrutiny under the Equal Protection Clause than other state legislation classifying citizens by race. Redistricting legislation that is alleged to be so bizarre on its face that it is unexplainable on grounds other than race demands the same close scrutiny, regardless of the motivations underlying its adoption. 364 U. S., at 341. 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. 92-357 . Photochronograph Corporation (PC) manufactures time series photographic equipment. See 478 U. S., at 131, n. 12 (plurality opinion). Might the consumer be better off with $2,000\$2,000$2,000 in income? Fast Facts: Baker v. Carr the democratic ideal, it should find no footing here." What I am saying is that in electoral districting there frequently are permissible uses of race, such as its use to comply with the Voting Rights Act, as well as impermissible ones. 7 The Court accuses me of treating the use of race in electoral redistricting as a "benign" form of discrimination. But the State must have a "'strong basis in evidence for [concluding] that remedial action [is] necessary.'" Dissenting Opinion. 2. 2 See Karcher, 462 U. S., at 748 (STEVENS, J., concurring) ("If they serve no purpose other than to favor one segment-whether racial, ethnic, religious, economic, or political-that may occupy a position of strength at a particular point in time, or to disadvantage a politically weak segment of, duty to govern impartially is abused when a group with power over the electoral process defines electoral boundaries solely to enhance its own political strength at the expense of any weaker group. 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 authorization - North Carolina submitted to the Attorney General a congressional . The Court found that race could not be the deciding factor when drawing districts. The General Assembly located the second district not in the south-central to southeastern part of the State, but in the north-central region along Interstate 85. 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. understood as anything other than an effort to "segregat[e] voters" on the basis of race. After the General Assembly passed legislation creating the second district, a group of white voters in North Carolina, led by Ruth O. Shaw, sued on the grounds that the district was an unconstitutional gerrymander . Moreover, it seems clear to us that proof sometimes will not be difficult at all. In providing the reasons for the objection, the Attorney General noted that "[f]or the south-central to southeast area, there were several plans drawn providing for a second majority-minority congressional district" and that such a district would have been no more irregular than others in the State's plan. Draper uses the allowance method for receivables, estimating uncollectibles to be 5% of January credit sales. Express racial classifications are immediately suspect because, "[a]bsent searching judicial inquiry , there is simply no way of determining what classifications are 'benign' or 'remedial' and what classi-. Argued April 20, 1993-Decided June 28,1993. Id., at 357 (internal quotation marks omitted). 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." Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Shaw V. Reno Civil Liberties vs Civil Rights 17th Amendment 2nd Amendment 3rd Amendment 4th Amendment Bostock v Clayton County District of Columbia v. Heller Double Jeopardy Engel v Vitale Establishment Clause First Amendment Flag Protection Act of 1989 Free Exercise Clause Freedom of Religion Freedom of Speech Freedom of the Press Gideon v. 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. 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. (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. In our view, the District Court properly dismissed appellants' claims against the federal appellees. U. S. What is the purpose of an input device? or What? As UJO held, a State is entitled to take such action. After the Attorney General of the United States objected to the plan pursuant to 5 of the Voting Rights Act of 1965, 79 Stat. More importantly, the majority's submission does not withstand analysis. 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. 339." Id., at 151-152 (emphasis added). The Court has, in its prior decisions, allowed redistricting to benefit an unrepresented minority group. A reapportionment statute typically does not classify persons at all; it classifies tracts of land, or addresses. Bolling, The Court offers no adequate justification for treating the narrow category of bizarrely shaped district claims differently from other districting claims.9 The only justification I. Briefs of amici curiae urging affirmance were filed for the Democratic National Committee et al. Indeed, the facts of the case would not have supported such a claim. Evidence of the district's shape is therefore convincing, but it is also cumulative, and, for our purposes, irrelevant. 42 U. S. C. 1973; see Thornburg v. Gingles, 478 U. S. 30 (1986) (applying amended 2 to vote-dilution claim involving multimember districts); see also Voinovich v. Quilter, 507 U. S. 146, 155 (1993) (single-member districts). Racial classifications of any sort pose the risk of lasting harm to our society. Pp. Nevertheless, there was no fencing out of the white population from participation in the political processes of the county, and the. 4 The Court's opinion suggests that African-Americans may now be the only group to which it is unconstitutional to offer specific benefits from redistricting. Karcher v. Daggett, 462 U. S. 725, 755 (1983) (STEVENS, J., concurring) ("One need not use Justice Stewart's classic definition of obscenity-'I know it when I see it' -as an ultimate standard for judging the constitutionality of a gerrymander to recognize that dramatically irregular shapes may have sufficient probative force to call for an explanation" (footnotes omitted)). But numerous North Carolinians did. The State has made no mystery of its intent, which was to respond to the Attorney General's objections, see Brief for State Appellees 13-14, by improving the minority group's prospects of electing a candidate of its choice. The message that such districting sends to elected representatives is equally pernicious. See, e. g., Guinn v. United States, 238 U. S. 347 (1915). 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. 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." Shaw v. Reno is an important decision because it represents a conservative shift on the Court. v. Bakke, supra, at 305 (opinion of Powell, J.). 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? the community, they violate the constitutional guarantee of equal protection"); Davis v. Bandemer, 478 U. S., at 178-183, and nn. Const., Amdt. Section 2 of the Voting Rights Act forbids districting plans that will have a discriminatory effect on minority groups. Accord, Wygant, 476 U. S., at 273 (plurality opinion). Racial classifications with respect to voting carry particular dangers. Appellants sought declaratory and injunctive relief against the state appellees. Laws that explicitly distinguish between individuals on racial grounds fall within the core of that prohibition. 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. It was a function of the type of injury upon which the Court insisted. Harry A. Blackmun Blackmun. See ante, at 642-643. The Court expresses no view on whether appellants successfully could have challenged a district such as that suggested by the Attorney General or whether their complaint stated a claim under other constitutional provisions. It applied a three-part test, examining intent, effects, and causation. Pp. As for the second question, I believe that the Equal Protection Clause is violated when the State creates the kind of uncouth district boundaries seen in Karcher v. Daggett, 462 U. S. 725 (1983), Gomillion v. Lightfoot, 364 U. S. 339 (1960), and this case, for the sole purpose of making it more difficult for members of a minority group to win an election.2 The. 14th Amendment Equal Protection Clause. 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. For the reasons stated by JUSTICE WHITE, the decision of the District Court should be affirmed. The first involves direct and outright deprivation of the right to vote, for example by means of a poll tax or literacy test. United States Supreme Court. 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." The District Court in Pope dismissed appellants' claim, reasoning in part that "plaintiffs do not allege, nor can they, that the state's redistricting plan has caused them to be 'shut out of the political process.''' taker's concurrence appears to be premised on the notion that black citizens were being "fenc[ed] out" of municipal benefits. H. Jefferson Powell argued the cause for state appellees. 429 U. S., at 273 ( plurality opinion ) of a poll tax or literacy test,! Be difficult at all S. 252, 266 ( 1977 ) the races equally that position can not be deciding... In our view, the decision of the district Court and remand the case would not otherwise! And minority voting Rights Act forbids districting plans that will have a discriminatory effect on minority.! W ] e believe that reapportionment is one area in which appearances do matter be 5 % of January sales! For equal sized districts States House of Representatives 266 ( 1977 ) the message that districting... 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