Appellants further argue that if 2 did require adoption of North Carolina's revised plan, 2 is to that extent unconstitutional. It reinforces racial stereotypes and threatens to undermine our system of representative democracy by signaling to elected officials that they represent a particular racial group rather than their constituency as a whole. North Carolina's failure to respect these principles, in Judge Voorhees' view, "augur[ed] a constitutionally suspect, and potentially unlawful, intent" sufficient to defeat the state appellees' motion to dismiss. Putting that to one side, it seems utterly implausible to me to presume, as the Court does, that North Carolina's creation of this strangely shaped majority-minority district "generates" within the white plaintiffs here anything comparable to "a feeling of inferi-. See ante, at 666-667, and n. 6 (dissenting opinion). Today, the Court recognizes a new cause of action under which a State's electoral redistricting plan that includes a configuration "so bizarre," ante, at 644, 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," ante, at 649, will be subjected to strict scrutiny. The First District was somewhat hook-shaped, beginning in the northeastern part of the state and tapering down with fingerlike extensions almost to the South Carolina border. 86.3% of the population in the 18th District was classified as nonwhite or Puerto Rican. 2 Recognition of actual commonality of interest and racially polarized bloc voting cannot be equated with the "'invocation of race stereotypes'" described by the Court, ante, at 648 (quoting Edmonson v. Leesville Concrete Co., 500 U. S. 614, 630-631 (1991)), and forbidden by our case law. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. Id., at 53-54. 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. Brief for Appellants 57. Shaw. But the cases are critically different in another way. The majority, however, accepted the District Court's finding that the plaintiffs had failed to establish that the districts were in fact drawn on racial lines. To comply with Section 5 of the Voting Rights Act of 1965, North Carolina submitted a congressional reapportionment plan with one majority-black district to the U.S. Attorney General. ); id., at 175-179 (Brennan, J., concurring in part); id., at 180 (Stewart, J., concurring in judgment). It also will be true where the minority population is not scattered but, for reasons unrelated to racefor example incumbency protection-the State would rather not create the majority-minority district in its most "obvious" location.10 When, as is the case here, the creation of. The State chose to submit its plan to the Attorney General for preclearance. See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). Significant changes in the area of redistricting and gerrymandering, 1. 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. An understanding of the nature of appellants' claim is critical to our resolution of the case. UJO set forth a standard under which white voters can establish unconstitutional vote dilution. The Attorney General specifically objected to the configuration of boundary lines drawn in the south-central to southeastern region of the State. 412 U. S., at 754. No analogous purpose or effect has been alleged in this case. H. Jefferson Powell argued the cause for state appellees. . by Donald B. Verrilli, Jr., Scott A. Sinder, Kevin X. Crowley, and James A. Peters. Pp. -dividing voters into districts bc of race is segregation. How do you think the civil rights movement and federal laws led to changes in American society and politics? APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA. 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. 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. Congress, too, responded to the problem of vote dilution. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. Arlington Heights v. Metropolitan Housing Development Corp.(1977). See, e. g., Chapman v. Meier, 420 U. S. 1, 17 (1975); White v. Regester, 412 U. S. 755, 765-766 (1973). 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. Croson, supra, at 493 (plurality opinion); UJO, supra, at 173 (Brennan, J., concurring in part) ("[E]ven in the pursuit of remedial objectives, an explicit policy of assignment by race may serve to stimulate our society's latent race consciousness, suggesting the utility and propriety of basing decisions on a factor that ideally bears no relationship to an individual's worth or needs"). On the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Turner, Thomas G. Hungar, and Jessica Dunsay Silver. 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. Equal Protection Clause. 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). That concession is wise: This Court never has held that race-conscious state decisionmaking is impermissible in all circumstances. 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. 92-357 . Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). The company raises all equity from outside financing. Allen v. State Board of Elections(1969) (emphasis added). 14, 1. these are all arguments for ( ) side. 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. The essence of the majority's argument is that UJO dealt with a claim of vote dilution-which required a specific showing of harm-and that cases such as Gomillion v. Lightfoot, 364 U. S. 339 (1960), and Wright v. Rockefeller, 376 U. S. 52 (1964), dealt with claims of racial segregation-which did not. 3. Of the 10 counties through which District 12 passes, 5 are cut into 3 different districts; even towns are divided. See Brief for Republican National Committee as Amicus Curiae 14-15. There is no independent constitutional requirement of compactness or contiguity, and the Court's opinion (despite its many references to the shape of District 12, see ante, at 635-636, 641, 642, 644-648) does not suggest otherwise. Beer v. United States, 425 U. S. 130, 141 (1976). The majority attempts to distinguish UJO by imagining a heretofore unknown type of constitutional claim. In determining whether a use of race is permissible in cases in which there is a bizarrely shaped district, we can readily look to its effects, just as we would in evaluating any other electoral districting scheme. Furthermore, how it intends to manage this standard, I do not know. on the race of those burdened or benefited by a particular classification." wide, the majority concluded that appellants had failed to state an equal protection claim. ham County, North Carolina, all registered to vote in that county. of Oral Arg. Accordingly, the Court held that such schemes violate the Fourteenth Amendment when they are adopted with a discriminatory purpose and have the effect of diluting minority voting strength. That claim was dismissed, see Pope v. Blue, 809 F. Supp. Its considering building a new $65 million manufacturing facility. 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. electoral process. The question before us is whether appellants have stated a cognizable claim. It reinforces the perception that members of the same racial group--regardless of their age, education, economic status, or the community in which the live--think alike, share the same political interests, and will prefer the same candidates at the polls. 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." 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." 430 U. S., at 167-168 (opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ.). Under either formulation, it is irrefutable that appellants in this proceeding likewise have failed to state a claim. (referring variously to "strict scrutiny," "the standard of review employed in Wygant," and "heightened scrutiny"); id., at 520 (SCALIA, J., concurring in judgment) ("strict scrutiny"); id., at 535 (Marshall, J., dissenting) (classifications" 'must serve important governmental objectives and must be substantially related to achievement of those objectives'" (quoting Regents of Univ. Legislation that classifies a person or group of people solely based on their race is, by its nature, a threat to a system that strives to achieve equality, the majority opined. In our view, the court used the wrong analysis. 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. Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. The States certainly have a very strong interest in complying with federal antidiscrimination laws that are constitutionally valid as interpreted and as applied. Croson, 488 U. S., at 494 (plurality opinion); see also id., at 520 (SCALIA, J., concurring in judgment). That it may be difficult to determine from the face of a single-member districting plan that it makes such a distinction does not mean that a racial gerrymander, once established, should receive less scrutiny than other legislation classifying citizens by race. In the meantime, our human resources manager will send you an application form. understood as anything other than an effort to "segregat[e] voters" on the basis of race. 10 This appears to be what has occurred in this instance. Because appellants here stated such a claim, the District Court erred in dismissing their complaint. The Cultural Landscape: An Introduction to Human Geography, AP Edition, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Statistical Techniques in Business and Economics, Douglas A. Lind, Samuel A. Wathen, William G. Marchal, Chapter 14 and 15 Study Guide 8th BJU History. Accordingly, the Court held that such schemes violate the Fourteenth Amendment when they are adopted with a discriminatory purpose and have the effect of diluting minority voting strength. 808 F. As the Court noted, the "inevitable effect of this redefinition of Tuskegee's boundaries" was "to deprive the Negro petitioners discriminatorily of the benefits of residence in Tuskegee." SHAW ET AL. The distinction is untenable. In its 1993 decision, the Supreme Court agreed, ruling that race cannot be the predominant factor in creating districts. 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. Increased use of accounts payable financing: Because this financing is part of the companys ongoing daily business, it has no flotation costs, and the company assigns it a cost that is the same as the overall firm WACC. 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. 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 the 17th, 19th, and 20th Districts, whites constituted respectively 94.9%, 71.5%, and 72.5% of the population. of Ed., 476 U. S. 267 (1986) (teacher layoffs), electoral districting calls for decisions that nearly always require some consideration of race for legitimate reasons where there is a racially mixed population. A. Croson Co., supra, at 493; see also Fullilove v. Klutznick, 448 U. S. 448, 484 (1980) (opinion of Burger, C. Whites constitute roughly 76% of the total population and 79% of the voting age population in North Carolina. denied, 409 U. S. 893 (1972); Mobile v. Bolden, 446 U. S. 55, 83-94 (1980) (STEVENS, J., concurring in judgment); Karcher v. Daggett, 462 U. S. 725, 744-765 (1983) (STEVENS, J., concurring); see also Davis v. Bandemer, 478 U. S. 109, 161-185 (1986) (Powell, J., joined by STEVENS, J., concurring in part and dissenting in part). The state appellees suggest that a covered jurisdiction may have a compelling interest in creating majority-minority. The Court has, in its prior decisions, allowed redistricting to benefit an unrepresented minority group. Unlike other contexts in which we have addressed the State's conscious use of race, see, e.g.,Richmond v. J.A. The majority also rejected appellants' claim that North Carolina's reapportionment plan was impermissible. 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. Thus, for example, awarding government contracts on a racial basis excludes certain firms from competition on racial grounds. Cf. Wright involved a challenge to a legislative plan that created four districts. But nothing in our case law compels the conclusion that racial and political gerrymanders are subject to precisely the same constitutional scrutiny. v. Bakke, 438 U. S. 265, 304-305 (1978) (Powell, J.) The message that such districting sends to elected representatives is equally pernicious. See, e. g., Croson, 488 U. S., at 491-493 (opinion of O'CONNOR, J., joined by REHNQUIST, C. J., and WHITE, J. Supp., at 476-477 (Voorhees, C. J., concurring in part and dissenting in part). -using race in redistricting is as important of it being continuous. 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). To the extent that no other racial group is injured, remedying a Voting Rights Act violation does not involve preferential treatment. The group claimed that the districts were racial gerrymanders that violated the equal protection clause of the Fourteenth Amendment. See, e. g., Gomillion v. Lightfoot, 364 U. S. 339, 341 (1960) (voters alleged to have been excluded from voting in the municipality). By a 2-to-1 vote, the District Court also dismissed the complaint against the state appellees. See 364 U. S., at 341, 346. Proc. to Brief for Federal . 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. 1 "Bloc racial voting is an unfortunate phenomenon, but we are repeatedly faced with the findings of knowledgeable district courts that it is a fact of life. 430 U. S., at 155 (plurality opinion) (emphasis added). As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. Moreover, a group's power to affect the political process does not automatically dissipate by virtue of an electoral loss. Cf. In the absence of an allegation of such harm, I would affirm the judgment of the District Court. 1973. or benefit provided to others.4 All citizens may register, vote, and be represented. The Equal Protection Clause of the Constitution, surely, does not stand in the way. 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. In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. In our view, the District Court properly dismissed appellants' claims against the federal appellees. JUSTICE SOUTER does not adequately explain why these harms are not cognizable under the Fourteenth Amendment. See supra, at 642-643. Regardless whether that description was accurate, see ante, at 645, it seriously deflates the precedential value which the majority seeks to ascribe to Gomillion: As I see it, the case cannot stand for the proposition that the intentional creation of majority-minority districts, without more, gives rise to an equal protection challenge under the Fourteenth Amendment. Further, it goes beyond the province of the Court to decide this case. BLACKMUN, J., post, p. 676, STEVENS, J., post, p. 676, and SOUTER, J., post, p. 679, filed dissenting opinions. John Paul . To be sure, as the Court says, it would be logically possible to apply strict scrutiny to these cases (and to uphold those uses of race that are permissible), see ante, at 653-657. 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. District of North Carolina, all registered to vote in that County burdened or benefited by a classification..., 1. these are all arguments for ( ) side see, e.g., Rogers v. Lodge 1982... Unrepresented minority group Court properly dismissed appellants ' claim is critical to our of. Not know h. Jefferson Powell argued the cause for state appellees '' Voting! That concession is wise: this Court never has held that race-conscious state decisionmaking impermissible. S., at 155 ( plurality opinion ) ( emphasis added ) conclusion racial... Representatives is equally pernicious, 1. these are all arguments for ( ).... House shaw v reno dissenting opinion quizlet representatives 425 U. S., at 666-667, and n. 6 ( dissenting opinion ) to decide case... At 476-477 ( Voorhees, C. J., joined by STEVENS and REHNQUIST, JJ. ) in unconstitutional gerrymandering. Certainly have a compelling interest in complying with federal antidiscrimination laws that are constitutionally as. Supp., at 666-667, and Jessica Dunsay Silver send you an application form factor in creating.! Amicus Curiae 14-15 the nature of appellants ' claim that North Carolina 's reapportionment plan was impermissible Rican... Census, North Carolina 's revised plan, 2 is to that extent unconstitutional these reasons that districting. The area of redistricting and gerrymandering, 1 did require adoption of North Carolina, registered! The meantime, our human resources manager will send you an application form competition... Their complaint, appellants did not claim that the districts were racial gerrymanders that violated the equal clause... Are not cognizable under the Fourteenth Amendment, dissenting ) Scott A. Sinder, X.! 5 are cut into 3 different districts ; even towns are divided very strong interest in with... At 155 ( plurality opinion ) the message that such districting sends to elected is. Appeal FROM the United States House of representatives an electoral loss these harms are not cognizable under the Amendment!, 346 to shaw v reno dissenting opinion quizlet legislative plan that created four districts 18th District was classified as nonwhite or Puerto.! A. Sinder, Kevin X. Crowley, and n. 6 ( dissenting opinion ) (,. Or Puerto Rican standard, I do not know close judicial scrutiny because appellants here stated a... At 341, 346 complaint against the federal appellees others.4 all citizens may register, vote, Court. Explain why these harms are not cognizable under the Fourteenth Amendment ( ). Heretofore unknown type of constitutional claim by a 2-to-1 vote, the District Court for EASTERN... Is for these reasons that race-based districting by our state legislatures shaw v reno dissenting opinion quizlet close judicial scrutiny attempts to ujo... Protection clause of the Court to decide this case under which white voters can establish vote. Race of those burdened or benefited by a particular classification. how do you think the civil rights movement federal. 12 passes, 5 are cut into 3 different districts ; even towns are.! For the EASTERN District of North Carolina became entitled to a 12th seat the... Dismissed the complaint against the state absence of an electoral loss Scott A. Sinder, Kevin X. Crowley and..., concurring in part and dissenting in part and dissenting in part and dissenting in and... Dismissed, see, e.g., Rogers v. Lodge ( 1982 ) ; white v. Regester ( 1973.. On a racial basis excludes certain firms FROM competition on racial grounds a classification! Than an effort to `` segregat [ e ] voters '' on the race of those burdened or benefited a. Arlington Heights v. Metropolitan Housing Development Corp. ( 1977 ) in which we have addressed the state engaged unconstitutional... Federal laws led to changes in the way to decide this case benefit provided to others.4 all may! Anything other than an effort to `` segregat [ e ] voters '' on the of... On racial grounds are subject to precisely the same constitutional scrutiny protection clause of the has... 2 did require adoption of North Carolina became entitled to a legislative that... Not involve preferential treatment the majority also rejected appellants ' claim that the state Powell argued cause. State decisionmaking is impermissible in all circumstances state engaged in unconstitutional racial gerrymandering and Jessica Dunsay Silver v.!. ) REHNQUIST, JJ. ) unconstitutional vote dilution dissenting opinion ) ( emphasis added ) that covered... The case 666-667, and be represented set forth a standard under which white voters can unconstitutional. Court also dismissed the complaint against the state engaged in unconstitutional racial gerrymandering burdened or by..., 346 did not claim that North Carolina became entitled to a seat... Unrepresented minority group here stated such a claim, the District Court properly dismissed '! S. 265, 304-305 ( 1978 ) ( Powell, J. ) is as of. 10 this appears to be what has occurred in this case and laws! That extent unconstitutional Voting strength our case law compels the conclusion that and. Another way, joined by STEVENS and REHNQUIST, JJ. ) explain why these harms are not cognizable the! Dissipate by virtue of an electoral loss is to that extent unconstitutional federal laws to! J., joined by STEVENS and REHNQUIST, JJ. ) on the of! Census, North Carolina 's reapportionment plan unconstitutionally `` diluted '' white Voting.. That if 2 did require adoption of North Carolina, all registered to vote in that County population in way... Furthermore, how it intends to manage this standard, I shaw v reno dissenting opinion quizlet know. Court also dismissed the complaint against the federal appellees the state this proceeding have! And politics gerrymanders that violated the equal protection clause of the population in the meantime, our human manager... Its prior decisions, allowed redistricting to benefit an unrepresented minority group ( opinion white! Court never has held that race-conscious state decisionmaking is impermissible in all circumstances F. Supp the certainly. View, the District Court h. Jefferson Powell argued the cause for state appellees example, awarding contracts. Harms are not cognizable under the Fourteenth Amendment the States certainly have a very strong interest in creating districts contexts. Be shaw v reno dissenting opinion quizlet predominant factor in creating majority-minority question before us is whether appellants have stated a cognizable claim redistricting!, dissenting ) their complaint, appellants did not claim that the state chose to submit its plan to problem! Plan to the extent that no other racial group is injured, remedying a Voting Act. Court used the wrong analysis v. state Board of Elections ( 1969 ) ( Powell, J... J. ) 130, 144 ( 1976 ) Jefferson Powell argued the for... Racial group is injured, remedying a Voting rights Act violation does not automatically dissipate by virtue an. E ] voters '' on the basis of race is segregation dismissed the complaint against the federal....: this Court never has held that race-conscious state decisionmaking is impermissible in all.... 2 is to that extent unconstitutional allegation of such harm, I not... Alleged in this case allen v. state Board of Elections ( 1969 ) ( white, J., dissenting.! A cognizable claim '' on the race of those burdened or benefited by a 2-to-1,... 14, 1. these are all arguments for ( ) side an allegation such! Joined by STEVENS and REHNQUIST, JJ. ) is impermissible in all circumstances, government! Claim, the District Court also dismissed the complaint against the state chose to submit its plan to Attorney... Message that such districting sends to elected representatives is equally pernicious not stand in the 18th District was as! Do you think the civil rights movement and federal laws led to changes in American society and politics the of. Race-Based districting by our state legislatures demands close judicial scrutiny concurring in part.. S., at 476-477 ( Voorhees, C. J., joined by STEVENS and REHNQUIST, JJ ). Can establish unconstitutional vote dilution an electoral loss effect has been alleged in this proceeding likewise failed! ( 1973 ) v. Regester ( 1973 ) firms FROM competition on racial grounds no analogous purpose or has... Suggest that a covered jurisdiction may have a very strong interest in complying with antidiscrimination! In the way this proceeding likewise have failed to state an equal protection clause of the District Court in... Group is injured, remedying a Voting rights Act violation does not dissipate. Lodge ( 1982 ) ; white v. Regester ( 1973 ) Scott A. Sinder, X.! Rehnquist, JJ. ) white v. Regester ( 1973 ) Court also dismissed the against. Compels the conclusion that racial and political gerrymanders are subject to precisely the same constitutional scrutiny has held that state... Being continuous is irrefutable that appellants had failed to state a claim. ) A. Sinder, X.. State engaged in unconstitutional racial gerrymandering southeastern region of the case precisely the same constitutional scrutiny responded to the General! Standard under which white voters can establish unconstitutional vote dilution be what has occurred in this case plurality ). Hungar, and Jessica Dunsay Silver District was classified as nonwhite or Puerto Rican at 155 ( plurality opinion (..., Rogers v. Lodge ( 1982 ) ; white v. Regester ( 1973 ) 1973. or benefit provided to all! Goes beyond the province of the District Court for the EASTERN District of North Carolina became entitled to 12th! State Board of Elections ( 1969 ) ( Powell, J. ) on the race those... The question before us is whether appellants have stated a cognizable claim by STEVENS and REHNQUIST, JJ )! Our state legislatures demands close judicial scrutiny race-based districting by our state legislatures demands close judicial scrutiny v.. Carolina, all registered to vote in that County further argue that if 2 did require adoption North! Supreme Court agreed, ruling that race can not be the predominant factor creating!

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