See, e. g., White v. Regester, 412 U. S. 755, 765-766 (1973); Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). 1 See Cousins v. City Council of Chicago, 466 F.2d 830, 848-852 (CA7) (Stevens, J., dissenting), cert. The Justice Department under the George H.W. See Personnel Administrator of Mass. 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"). Such approval would be forthcoming only if the plan did not jeopardize minority representation. Enduring Legacy. Reno. 461, 476 (EDNC 1992) (Voorhees, C. J., concurring in part and dissenting in part), and a "bug splattered on a windshield," Wall Street Journal, Feb. 4, 1992, p. A14. 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. We have made clear, however, that equal protection analysis "is not dependent. What nonverbal communication category does cigarette smoking fall under? As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. 20, 1993, p. A4. The only justification I can imagine would be the preservation of "sound districting principles," such as compactness and contiguity. 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. 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." In the Attorney General's view, the General Assembly could have created a second majorityminority district "to give effect to black and Native American voting strength in this area" by using boundary lines "no more irregular than [those] found elsewhere in the proposed plan," but failed to do so for "pretextual reasons." Nor was it ever in doubt that "the State deliberately used race in a purposeful manner." Wisconsin v. Yoder (1972) Roe v. Wade (1973) Shaw v. Reno (1993) United States v. Lopez (1995) McDonald v. Chicago (2010) Citizens United v. Federal Election Commission (2010) . 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. See Karcher, supra, at 776 (WHITE, J., dissenting); Wells v. Rockefeller, 394 U. S. 542, 554 (1969) (WHITE, J., dissenting). in relevant part). For the reasons that follow, we conclude that appellants have stated a claim upon which relief can be granted under the Equal Protection Clause. Majority Opinion/Decision. 5 See Richmond v. J. Racial classifications with respect to voting carry particular dangers. Hence, I see no need. Although the boundary lines were somewhat irregular, the majority reasoned, they were not so bizarre as to permit of no other conclusion. of Ed., 476 U. S. 267, 277278 (1986) (plurality opinion); id., at 285 (O'CONNOR, J., concurring in part and concurring in judgment). Of particular relevance, five of the Justices reasoned that members of the white majority could not plausibly argue that their influence over the political process had been unfairly canceled (opinion of WHITE, J., joined by REHNQUIST and STEVENS, J.J.), or that such had been the State's intent (STEWART, J., POWELL, J., concurring in judgment). 92-357. It winds in snakelike fashion through tobacco country, financial centers, and manufacturing areas "until it gobbles in. 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? As explained below, that position cannot be squared with the one taken by the majority in this case. See supra, at 647-649. ON APPLICATIONS FOR STAYS OR INJUNCTIVE RELIEF [February 7, 2022] The application for a stay or injunctive relief presented to J. USTICE . ); id., at 180, and n. (Stewart, J., joined by Powell, J., concurring in judgment).3. Blumstein, Defining and Proving Race Discrimination: Perspectives on the Purpose V s. Results Approach from the Voting Rights Act, 69 Va. L. Rev. to Juris. Respondent Argument (Reno) 1. Briefs of amici curiae urging affirmance were filed for the Democratic National Committee et al. Id., at 50-51. A special three-judge district court dismissed the suit against both the attorney general and the state officials. b. First, they suggest that a racial gerrymander of the sort alleged here is functionally equivalent to gerrymanders for nonracial purposes, such as political gerrymanders. They did not even claim to be white. They sought similar relief against the federal appellees, arguing, alternatively, that the federal appellees had misconstrued the Voting Rights Act or that the Act itself was unconstitutional. One of the lower court judges described it as winding in a snakelike fashion through tobacco country, financial centers, and manufacturing areas until it gobbled up enough enclaves of black neighborhoods to create a majority-black district. Dissenting Opinion (Harlan):. 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. 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. 808 F. If not, it does not. Supp., at 466-467; id., at 474 (Voorhees, C. J., concurring. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. The shapes of the two districts in question were quite controversial. 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. Analogous Case. Why was Shaw v Reno an important decision in terms of minority representation? See, e. g., Guinn v. United States, 238 U. S. 347 (1915). The Attorney General, acting through the Assistant Attorney General for the Civil Rights Division, interposed a formal objection to the General Assembly's plan. Supp., at 475-477 (opinion concurring in part and dissenting in part). (emphasis added). of Gal. The required return on the companys new equity is 14%. Suppose a person who buys only wine and cheese is The distinction is untenable. See App. It is against this background that we confront the questions presented here. There is no support for this distinction in UJO, and no authority in the cases relied on by the Court either. 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 . Hirabayas hi v. United States, 320 U. S. 81, 100 (1943). Today, the Court recognizes a new cause of action under which a State's electoral redistricting plan that includes a configuration "so bizarre" that it "rationally cannot be understood as anything other than an effort to separate voters into different districts on the basis of race [without] sufficient justification" will be subjected to strict scrutiny. 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. To help you find the subject, ask, Who answered? 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. Ante, at 652. The majority found no support for appellants' contentions that race-based districting is prohibited by Article I, 4, or Article I, 2, of the Constitution, or by the Privileges and Immunities Clause of the Fourteenth Amendment. In whatever district, the individual voter has a right to vote in each election, and the election will result in the voter's representation. We also do not decide whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. What trade-offs are involved in deciding to have a single large, centrally located facility instead of Cf. Proc. 3. 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. Brown v. Board of Education, 347 U. S., at 494. In other words, the purposeful creation of a majority-minority district could have discriminatory effect if it is achieved by means of "packing"-i. e., overconcentration of minority voters. Statement 67a-lOOa (Complaint and Motion for Preliminary Injunction and For Temporary Restraining Order). 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. Earlier this Term, we unanimously reaffirmed that racial bloc voting and minority-group political cohesion never can be assumed, but specifically must be proved in each case in order to establish that a redistricting plan dilutes minority voting strength in violation of 2. 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. Because the holding is limited to such anomalous circumstances, it perhaps will not substantially hamper a State's legitimate efforts to redistrict in favor of racial minorities. In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. 6 This is not to say that a group that has been afforded roughly proportional representation never can make out a claim of unconstitutional discrimination. Laws that explicitly distinguish between individuals on racial grounds fall within the core of that prohibition. Classifications of citizens on the basis of race "are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality." The Court offers no adequate justification for treating the narrow category of bizarrely shaped district claims differently from other districting claims. See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). Lane v. Wilson, 307 U. S. 268; Gomillion v. Lightfoot, 364 U. S. Instead, the Court creates a new "analytically distinct," ibid., cause of action, the principal element of which is that a districting plan be "so bizarre on its face," ante, at 644, or "irrational on its face," ante, at 652, or "extremely irregular on its face," ante, at 642, that it "rationally cannot be understood as anything other than an effort to segregate citizens into separate voting districts on the basis of race without sufficient justification," ante, at 652. No analogous purpose or effect has been alleged in this case. Connor v. Finch, 431 U. S. 407, 422 (1977); the "stacking" of "a large minority population concentration with a larger white population," Parker, Racial Gerrymandering and Legislative Reapportionment, in Minority Vote Dilution 85, 92 (C. Davidson ed. 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. Finally, nothing in the Court's highly fractured decision in UJO-on which the District Court almost exclusively relied, and which the dissenters evidently believe controls, see post, at 664-667 (opinion of WHITE, J. Pp. The Court today chooses not to overrule, but rather to sidestep,UJO. Did North Carolina residents claim that the 1990 redistricting plan discriminated on the basis of race raise a valid constitutional issue under the 14th Amendment's Equal Protection Clause? Gaffney v. Cummings, 412. 6-10 (STEVENS, J., concurring in judgment). U. S. 506 U. S. 1019 (1992). 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. At-large and multimember schemes, however, do not classify voters on the basis of race. Id., at 357 (internal quotation marks omitted). The voting age population of North Carolina is approximately 78% white, 20% black, and 1% Native American; the remaining 1% is predominantly Asian. on the race of those burdened or benefited by a particular classification." 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). Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district in North Carolina. See Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). The dissenters thought the unusual. 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. electoral process. See, e. g., Gomillion v. Lightfoot, 364 U. S. 339,341. 1237, 1258 (1993). e., an intent to aggravate "the unequal distribution of electoral power." Thus, state legislation that expressly distinguishes among citizens on account of race-whether it contains an explicit distinction or is "unexplainable on grounds other than race," Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266-must be narrowly tailored to further a compelling governmental interest. 442 U. S., at 272. The same principle pertains in nondistricting aspects of voting law, where race-based discrimination places the disfavored voters at the disadvantage of exclusion from the franchise without any alternative benefit. See, e. g., Wygant v. Jackson Bd. Geographically, the State divides into three regions: the eastern Coastal Plain, the central Piedmont Plateau, and the western mountains. But the cases are critically different in another way. Our voting rights precedents support that conclusion. Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). 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. 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. In the example the verb is answered. Supp., at 476-477 (Voorhees, C. J., concurring in part and dissenting in part). Limited by its own terms to cases involving unusually shaped districts, the Court's approach nonetheless will unnecessarily hinder to some extent a State's voluntary effort to ensure a modicum of minority representation. Subsequent decisions of this Court have similarly interpreted Gomillion as turning on the unconstitutional effect of the legislation. tutes an unconstitutional racial gerrymander. The ruling was significant in the area of redistricting and racial gerrymandering. Ruth O. Shaw, a North Carolina resident who led a group of white voters in the lawsuit, Justices Rehnquist, O'Connor, Scalia, Kennedy, Thomas. 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." Thus. See App. 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. It is evident to me, however, that what North Carolina did was precisely tailored to meet the objection of the Attorney General to its prior plan. ); id., at 175-179 (Brennan, J., concurring in part); id., at 180 (Stewart, J., concurring in judgment). It applied a three-part test, examining intent, effects, and causation. 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. The group claimed that the districts were racial gerrymanders that violated the equal protection clause of the Fourteenth Amendment. See, e. g., Wygant v. Jackson Ed. The jurisdiction must obtain either a judgment from the United States District Court for the District of Columbia declaring that the proposed change "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color" or administrative preclearance from the Attorney General. v. RENO, ATTORNEY GENERAL, et al. To locate the subject, use the verb preceded by Who? The Court expressly declined to reach that question. 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. Appellants are five residents of Dur-. Because the General Assembly's reapportionment plan affected the covered counties, the parties agree that 5 applied. 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. 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-. T. HOMAS. The Equal Protection Clause is only violated when a law seeks to hurt a minority group in voting.t. The case established that any legislative redistricting must be strictly scrutinized and that any laws related to racially motivated redistricting must be held to narrow standards and See Wright v. Rockefeller, 211 F. Supp. To begin, the Court's reliance on that case as the font of its novel type of claim is curious. The central explanation has to do with the nature of the redistricting process. 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. The three-judge District Court granted the federal appellees' motion to dismiss. In our view, the District Court properly dismissed appellants' claims against the federal appellees. Shaw v. Hunt, 861 F. Supp. The purposes of favoring minority voters and complying with the Voting Rights Act are not discriminatory in the constitutional sense, the court reasoned, and majority-minority districts have an impermissibly discriminatory effect only when they unfairly dilute or cancel out white voting strength. Thus, if appellants' allegations of a racial gerrymander are not contradicted on remand, the District Court must determine whether the General Assembly's reapportionment plan satisfies strict scrutiny. 92-357. 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. 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." Sign up for our free summaries and get the latest delivered directly to you. 808 F. In the present case, the facts could sustain no such allegation. 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. The Act proved immediately successful in ensuring racial minorities access to the voting booth; by the early 1970's, the spread between black and white registration in several of the targeted Southern States had fallen to well below 10%. See, e. g., Gomillion v. Lightfoot, 364 U. S. 339, 341 (1960) (voters alleged to have been excluded from voting in the municipality). 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. Though they might be dissatisfied at the prospect of casting a vote for a losing candidate-a lot shared by many, including a disproportionate number of minor-, its black citizens with respect to their exercise of the voting franchise from approximately 1900 to 1970 by employing a poll tax [and] a literacy test. The balances for the accounts that follow appear in the Adjusted Trial Balance columns of the end-of-period spreadsheet. On the same reasoning, I would affirm the District Court's dismissal of appellants' claim in this instance. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. The Court appears to accept this, and it does not purport to disturb the law of vote dilution in any way. ority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone." We emphasize that these criteria are important not because they are constitutionally required-they are not, cf. Today we hold only that appellants have stated a claim under the Equal Protection Clause by alleging that the North Carolina General Assembly adopted a reapportionment scheme so irrational on its face that it can be understood only as an effort to segregate voters into separate voting districts because of their race, and that the separation lacks sufficient justification. Accordingly, we have asked that an identifiable group demonstrate more than mere lack of success at the polls to make out a successful gerrymandering claim. Columns of the Fourteenth Amendment buys only wine and cheese is the distinction is untenable Order ) diluted '' voting. 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