"Being aware," in this context, is shorthand for "taking into account," and it hardly can be doubted that legislators routinely engage in the business of making electoral predictions based on group characteristics-racial, ethnic, and the like. It is against this background that we confront the questions presented here. 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. Appellants' racial gerrymandering claims must be examined against the backdrop of this country's long history of racial discrimination in voting. by Daniel J. Popeo and Richard A. Samp. 14th Amendment Equal Protection Clause. If the allegation of racial gerrymandering remains uncontradicted, the District Court further must determine whether the North Carolina plan is narrowly tailored to further a compelling governmental interest. (Assume there is no difference between the pretax and aftertax accounts payable cost.). It included all or portions of twenty-eight counties. Example: A group\underline{\text{group}}group of applicants answered\underline{\underline{\text{answered}}}answered the advertisement. Supp., at 476-477 (Voorhees, C. J., concurring in part and dissenting in part). Furthermore, how it intends to manage this standard, I do not know. tion. US attorney general rejected a North Carolina congressional reappointment plan because the plan created only one black majority district, 1. 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. Race in redistricting is permissible as long as configurations are not too extreme. Robinson O. Everett argued the cause for appellants. 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. 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. of Elections, 393 U. S. 544, 569 (1969) (emphasis added). 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. 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. But numerous North Carolinians did. c. Answer the questions in part (b) for the minimum body temperature during the 24-hour period. 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). If a reapportionment plan creates a district that is so irregular that the only reason for its creation is to separate voters based on race, then an Equal Protection challenge against that plan is valid. The grounds for my disagreement with the majority are simply stated: Appellants have not presented a cognizable claim, because they have not alleged a cognizable injury. 633, 637 (1983). They did not even claim to be white. The difference between constitutional and unconstitutional gerrymanders has nothing to do with whether they are based on assumptions about the groups they affect, but whether their purpose is to enhance the power of the group in control of the districting process at the expense of any minority group, and thereby to strengthen the unequal distribution of electoral power. Id., at 56-58. The distinction is without foundation. SHAW ET AL. Ruth Shaw and four other white North Carolina voters filed suit against the U.S. attorney general and various North Carolina officials, claiming that race-based redistricting violated, among other provisions, the Fourteenth Amendment's Equal Protection Clause. If a cognizable harm like dilution or the abridgment of the right to participate in the electoral process is shown, the districting plan violates the Fourteenth Amendment. In the 17th, 19th, and 20th Districts, whites constituted respectively 94.9%, 71.5%, and 72.5% of the population. See ante, at 642, 649, 652, 657-658. 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. In its 1993 decision, the Supreme Court agreed, ruling that race cannot be the predominant factor in creating districts. We have rejected such perceptions elsewhere as impermissible racial stereotypes. "The right to vote freely for the candidate of one's choice is of the essence of a democratic society . " Reynolds v. Sims, 377 U. S., at 555. In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. As we have explained, however, reapportionment legislation that cannot be understood as anything other than an effort to classify and separate voters by race injures voters in other ways. See Karcher, supra, at 776 (WHITE, J., dissenting); Wells v. Rockefeller, 394 U. S. 542, 554 (1969) (WHITE, J., dissenting). Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. 6-10 (STEVENS, J., concurring in judgment). Part of the explanation for the majority's approach has to do, perhaps, with the emotions stirred by words such as "segregation" and "political apartheid." In the 1870's, for example, opponents of Reconstruction in Mississippi "concentrated the bulk of the black population in a 'shoestring' Congressional district running the length of the Mississippi River, leaving five others with white majorities." Justice Frankfurter characterized the complaint as alleging a deprivation of the right to vote in violation of the Fifteenth Amendment. Evidence of the district's shape is therefore convincing, but it is also cumulative, and, for our purposes, irrelevant. And when race is used to supplant seniority in layoffs, someone is laid off who would not be otherwise. of Ed. 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. (emphasis added). Put differently, we believe that reapportionment is one area in which appearances do matter. I The voting age population of North Carolina is approxi-mately 78% white, 20% black, and 1% Native American; the remaining 1% is predominantly Asian. In the lower court record, the district was said to resemble a Rorschach ink-blot test, and theWall Street Journalclaimed the district looked like a "bug splattered on a windshield." Classifying citizens by race, as we have said, threatens spe-. ", ity voters-surely they cannot complain of discriminatory treatment.6. Rather than challenge this conclusion, North Carolina chose to draw the second district. 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.'" UJO, supra, at 151-152. Croson, 488 U. S., at 494 (plurality opinion); see also id., at 520 (SCALIA, J., concurring in judgment). Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. 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." to Brief for Federal . 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." 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. See post, at 678 (dissenting opinion). The Justices disagreed only as to whether the plaintiffs had carried their burden of proof at trial. North Carolina's decision to create a majority-minority district can be explained as an attempt to meet this objection. H. Lefler & A. Newsom, The History of a Southern State: North Carolina 18-22 (3d ed. Racial classifications of any sort pose the risk of lasting harm to our society. 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. Action verbs tell what the subject is doing or what is being done to the subject. 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. 2. 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. Appellants contend that redistricting legislation that is so bizarre on its face that it is "unexplainable on grounds other than race,"Arlington Heights, demands the same close scrutiny that we give other state laws that classify citizens by race. 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). 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. A. Croson Co., supra, at 493; see also Fullilove v. Klutznick, 448 U. S. 448, 484 (1980) (opinion of Burger, C. The three-judge District Court held that it lacked subject matter jurisdiction over the federal appellees. SHAW v. RENO (1993) AP U.S. Government and Politics Study Guide IMPACT The decision in Shaw v. Reno led to nationwide changes after the 2000 Census. 15, 1. 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. 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. " 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 A covered jurisdiction's interest in creating majority-minority districts in order to comply with the nonretrogression rule under 5 of the Voting Rights Act does not give it carte blanche to engage in racial gerrymandering. 1. 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. 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)). of Ed., 476 U. S. 267, 291 (O'CONNOR, J., concurring in part and concurring in judgment). The distinction is untenable. 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." As the majority recognizes, "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." See Wright v. Rockefeller, 211 F. Supp. Oral Argument - April 20, 1993; Opinions. Such evidence will always be useful in cases that lack other evidence of invidious intent. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. See, e. g., White v. Regester, 412 U. S. 755, 765-766 (1973); Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). If the allegation of racial gerrymandering remains uncontradicted, the District Court further must determine whether the North Carolina plan is narrowly tailored to further a compelling governmental interest. Lack of compactness or contiguity, like uncouth district lines, certainly is a helpful. The second majority-black district, District 12, is even more unusually shaped. Id., at 53-54. post, at 684-685 (dissenting opinion). Then locate the subject of the verb and underline it once. I summed up my views on this matter in the plurality opinion in Davis v. Bandemer, 478 U. S. 109 (1986).3 Because districting inevitably is the expression of interest group politics, and because "the power to influence the political process is not limited to winning elections," id., at 132. Shaw v. Hunt, 861 F. Supp. Shaw v Hunt. wide, the majority concluded that appellants had failed to state an equal protection claim. The district even has inspired poetry: "Ask not for whom the line is drawn; it is drawn to avoid thee." Hirabayashi v. United States(1943). Written and curated by real attorneys at Quimbee. US attorney general rejected a North Carolina congressional reappointment plan because the plan created only one black majority district, 1. Yet, under the State's plan, they still constitute a voting majority in 10 (or 83%) of the 12 congressional districts. In favor of Shaw. 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. This site is protected by reCAPTCHA and the Google. Rule Civ. Such approval would be forthcoming only if the plan did not jeopardize minority representation. In 1993, about 20% of the state population identified as Black. 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. the latter two of these three conditions depend on proving that what the Court today brands as "impermissible racial stereotypes," ante, at 647, are true. For much of our Nation's history, that right sadly has been denied to many because of race. 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." I respectfully dissent. Since there is no justification for the departure here from the principles that continue to govern electoral districting cases generally in accordance with our prior decisions, I would not respond to the seeming egregiousness of the redistricting now before us by untethering the concept of racial gerrymander in such a case from the concept of harm exemplified by dilution. Appellants sued the Governor of North Carolina, the Lieutenant Governor, the Secretary of State, the Speaker of the North Carolina House of Representatives, and members of the North Carolina State Board of Elections (state appellees), together with two federal officials, the Attorney General and the Assistant Attorney General for the Civil Rights Division (federal appellees). 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. Id., at 133 (emphasis added). 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. In my view there is no justification for the. 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. The fact that it now chooses to apply strict scrutiny when a law is meant to benefit a race that has been the subject of historical discrimination makes no sense. 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. Id., at 349. See, e. g., Gomillion v. Lightfoot, 364 U. S. 339, 341 (1960) (voters alleged to have been excluded from voting in the municipality). They did not even claim to be white. 639-642. Wygant v. Jackson Bd. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. Moreover, it seems clear to us that proof sometimes will not be difficult at all. v. RENO, ATTORNEY GENERAL, ET AL. 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. 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. . b. 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. 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. Summary: Shaw v. Reno, 509 U.S. 630 (1993), was a landmark United States Supreme Court case argued on April 20, 1993. It is shortsighted as well, for a regularly shaped district can just as effectively effectuate racially discriminatory gerrymandering as an odd-shaped one.9 By focusing on looks rather than impact, the majority "immediately casts attention in the wrong direction-toward superficialities of shape and size, rather than toward the political realities of district composition." 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. 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. Carr (1962) was a landmark case concerning re-apportionment and redistricting. ); post, at 684, and n. 6 (opinion of SOUTER, J. 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. The Supreme Court of the United States (Supreme Court) held that the Appellants, Shaw and others (Appellants), have a legitimate claim that North Carolina's redistricting scheme was so irregular on its face that it could only be viewed as an effort to segregate races for the purposes of voting, without regard for traditional districting They threaten to stigmatize individuals by reason of their membership in a racial group and to incite racial hostility. 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. 392, 397 (WDNC 1992). Yick Wo v. Hopkins, 118 U. S. 356; Guinn v. United States, 238 U. S. 347; cf. Of the 10 counties through which District 12 passes, 5 are cut into 3 different districts; even towns are divided. I did not join Part IV of his opinion in United Jewish Organizations of Williamsburgh, Inc. v. Carey, 430 U. S. 144 (1977), because I felt that its "additional argument," id., at 165, was not necessary to decide that case. Id., at 139. 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-. Statement 67a-lOOa (Complaint and Motion for Preliminary Injunction and For Temporary Restraining Order). Because extirpating such considerations from the redistricting process is unrealistic, the Court has not invalidated all plans that consciously use race, but rather has looked at their impact. The required return on the companys new equity is 14%. 430 U. S., at 165. For these reasons, we conclude that a plaintiff challenging a reapportionment statute under the Equal Protection Clause may state a claim by alleging that the legislation, though race-neutral on its face, rationally cannot be understood as anything other than an effort to separate voters into different districts on the basis of race, and that the separation lacks sufficient justification. Second, JUSTICE STEVENS argues that racial gerrymandering poses no constitutional difficulties when district lines are drawn to favor the minority, rather than the majority. In the absence of an allegation of such harm, I would affirm the judgment of the District Court. 5. Complaint' 29, App. It is also unnecessary to decide at this stage of the litigation whether the plan advances a state interest distinct from the Act: eradicating the effects of past racial discrimination. In 1982, it amended 2 of the Voting Rights Act to prohibit legislation that results in the dilution of a minority group's voting strength, regardless of the legislature's intent. 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. Draper reviewed the receivables list from the January transactions. Indicate whether each account would flow into the income statement, retained earnings statement, or balance sheet. More generally, we remarked: "The mere fact that one interest group or another concerned with the outcome of [the district's] elections has found itself outvoted and without legislative seats of its. Whom the line is drawn to avoid thee. draw the second majority-black district, 1 lasting harm our! Risk of lasting harm to our society. ' claim that the general 's... Motion for Preliminary Injunction and for Temporary Restraining Order ) judgment ) its 1993,. Wo v. 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