1994), probable jurisdiction noted 115 . 6-10 (STEVENS, J., concurring in judgment). But even assuming that it does, there is no question that appellants have not alleged the requisite discriminatory effects. b. v. EVAN MILLIGAN, ET AL. ON APPLICATIONS FOR STAYS OR INJUNCTIVE RELIEF [February 7, 2022] The application for a stay or injunctive relief presented to J. USTICE . Moreover, a group's power to affect the political process does not automatically dissipate by virtue of an electoral loss. BLACKMUN, J., post, p. 676, STEVENS, J., post, p. 676, and SOUTER, J., post, p. 679, filed dissenting opinions. to Juris. See Brief for Republican National Committee as Amicus Curiae 14-15. 115 S. Ct. 2475 (1995). Wright involved a challenge to a legislative plan that created four districts. The Justices disagreed only as to whether the plaintiffs had carried their burden of proof at trial. The state appellees assert that the deliberate creation of majority-minority districts is the most precise way-indeed the only effective way-to overcome the effects of racially polarized voting. The General Assembly enacted a reapportionment plan that included one majority-black congressional district. 16-19. Nothing in the decision precludes white voters (or voters of any other race) from bringing the analytically distinct claim that a reapportionment plan 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. Id., at 472-473. See Reynolds, 377 U. S., at 578 (recognizing these as legitimate state interests). 2 It should be noted that 2 of the Voting Rights Act forbids any State to impose specified devices or procedures that result in a denial or abridgment of the right to vote on account of race or color. On the same reasoning, I would affirm the District Court's dismissal of appellants' claim in this instance. The voting age population of North Carolina is approximately 78% white, 20% black, and 1% Native American; the remaining 1% is predominantly Asian. 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. *, JUSTICE O'CONNOR delivered the opinion of the Court. They did not even claim to be white. See Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). Post, at 668 (WHITE, J., dissenting). In our view, the court used the wrong analysis. Find the derivative T(t)T^{\prime}(t)T(t). 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. Ante, at 653; see also ante, at 658.8, 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. In the 1992 elections voters in both districts selected black representatives. Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). 86.3% of the population in the 18th District was classified as nonwhite or Puerto Rican. But in the context of a Fourteenth Amendment challenge, courts must bear in mind the difference between what the law permits and what it requires. burden of demonstrating that the plan was meant to, and did in fact, exclude an identifiable racial group from participation in the political process. ); id., at 175-179 (Brennan, J., concurring in part); id., at 180 (Stewart, J., concurring in judgment). Indeed, the Voting Rights Act and our case law make clear that a reapportionment plan that satisfies 5 still may be enjoined as unconstitutional. 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. Briefs of amici curiae urging affirmance were filed for the Democratic National Committee et al. 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. They threaten to stigmatize individuals by reason of their membership in a racial group and to incite racial hostility. 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. The North Carolina Republican Party and individual voters brought suit in Federal District Court, alleging that the plan constituted an unconstitutional political gerrymander under Davis v. Bandemer, 478 U. S. 109 (1986). can imagine would be the preservation of "sound districting principles," UJO, 430 U. S., at 168, such as compactness and contiguity. Finally, like New York, North Carolina reacted by modifying its plan and creating additional majority-minority districts. At some points the district was no wider than Interstate 85, prompting one state legislator to remark that if "you drove down the interstate with both car doors open, you'd kill most of the people in the district." The logic of its theory appears to be that race-conscious redistricting that "segregates" by drawing odd-shaped lines is qualitatively different from race-conscious redistricting that affects groups in some other way. " 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 The Attorney General's interposition of a 5 objection "properly is viewed" as "an administrative finding of discrimination" against a racial minority. Centered in the northeast portion of the State, it moves southward until it tapers to a narrow band; then, with finger-like extensions, it reaches far into the southernmost part of the State near the South Carolina border. They did not even claim to be white. You already receive all suggested Justia Opinion Summary Newsletters. This is the reason that the placement of given voters in a given district, even on the basis of race, does not, without more, diminish the effectiveness of the individual as a voter. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. Since I have already written at length about these questions,l my negative answer to each can be briefly explained. Supp., at 475-477 (opinion concurring in part and dissenting in part). tion. Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. Appellants are five residents of Dur-. 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.7. SHAW ET AL. 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. What is the purpose of an input device? 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." The General Assembly's first redistricting plan contained one majority-black district centered in that area of the State. North Carolina's initial reapportionment effort included one district purposefully constructed to have a majority of black voters. "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. Lacking support in any of the Court's precedents, the majority's novel type of claim also makes no sense. 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. After population gains tracked by the 1990 census, North Carolina was able to get a 12 th Congressional seat for the state. See, e. g., Wygant v. Jackson Bd. 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. The Court has abandoned settled law to decide this case. I respectfully dissent. The District Court below relied on these portions of UJO to reject appellants' claim. See post, at 684 (dissenting opinion). It did not do so. At least. See, e. g., Rogers v. Lodge, 458 U. S. 613, 616-617 (1982); White v. Regester, 412 U. S. 755, 765-766 (1973). 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. WHITE, J., filed a dissenting opinion, in which BLACKMUN and STEVENS, JJ., joined, post, p. 658. Explain in words and with a diagram. Bandemer, 478 U. S., at 164 (Powell, J., concurring in part and dissenting in part) (internal quotation marks omitted). indicator that some form of gerrymandering (racial or other) might have taken place and that "something may be amiss." 7, that included a second majority-black district. Pp. This new plant is expected to generate aftertax cash flows of$9.4 million in perpetuity. Brown v. Board of Education, 347 U. S., at 494. Management has a target ratio of accounts payable to long-term debt of .15. facilitating the election of a member of an identifiable group of voters? But the cases are critically different in another way. Id., at 349 (concurring opinion). Although I would leave this question for another day, I would note that even then courts have insisted on "some showing of injury to assure that the district court can impose a meaningful remedy." Get free summaries of new US Supreme Court opinions delivered to your inbox! The Attorney General, acting through the Assistant Attorney General for the Civil Rights Division, interposed a formal objection to the General Assembly's plan. 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. 430 U. S., at 165. In 1993, about 20% of the state population identified as Black. Pleading such an element, the Court holds, suffices without a further allegation of harm, to state a claim upon which relief can be granted under the Fourteenth Amendment. See supra, at 642-643. 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." Pp. Such approval would be forthcoming only if the plan did not jeopardize minority representation. Supp., at 472. Moreover, it seems clear to us that proof sometimes will not be difficult at all. 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. And while Bolling v. Sharpe, 347 U. S. 497, 500 (1954), held that requiring segregation in public education served no legitimate public purpose, consideration of race may be constitutionally appropriate in electoral districting decisions in racially mixed political units. J.). 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. In our view, the District Court properly dismissed appellants' claims against the federal appellees. Such evidence will always be useful in cases that lack other evidence of invidious intent. That concession is wise: This Court never has held that race-conscious state decisionmaking is impermissible in all circumstances. where t(0t24)t(0 \leq t \leq 24)t(0t24) is the number of hours past midnight. 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. See, e. g., Wygant v. Jackson Ed. 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. The Equal Protection Clause of the Constitution, surely, does not stand in the way. Pp. App. Id., at 313. 7. 657-658. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. to Brief for Federal Appellees lOa-lla. But nothing in our case law compels the conclusion that racial and political gerrymanders are subject to precisely the same constitutional scrutiny. by Daniel J. Popeo and Richard A. Samp. See UJO, 430 U. S., at 165-166 (plurality opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ. Written and curated by real attorneys at Quimbee. We have considered the constitutionality of these practices in other Fourteenth Amendment cases and have required plaintiffs to demonstrate that the challenged practice has the purpose and effect of diluting a racial group's voting strength. 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. 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. Id., at 342-348. Cf. 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. 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. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. Shaw v Hunt. 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. The distinction is untenable. 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. 2. It is against this background that we confront the questions presented here. cial harms that are not present in our vote-dilution cases. See App. The Twelfth District received even harsher criticism. Brown v. Board of Education, 347 U. S. 483; McLaughlin v. Florida, 379 U. S. 184. That argument strikes a powerful historical chord: It is unsettling how closely the North Carolina plan resembles the most egregious racial gerrymanders of the past. Appellee Reno . The plaintiffs in UJO-members of a Hasidic community split between two districts under New York's revised redistricting plan-did not allege that the plan, on its face, was so highly irregular that it rationally could be understood only as an effort to segregate voters by race. 20, 1993, p. A4. The first of the two majority-black districts contained in the revised plan, District 1, is somewhat hook shaped. Why did four justices in this case dissent from majority opinion? v. Bakke, 438 U. S. 265, 304-305 (1978) (Powell, J.) 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. Although the statute that redrew the city limits of Tuskegee was race neutral on its face, plaintiffs alleged that its effect was impermissibly to remove from the city virtually all black voters and no white voters. Ibid. Nor was it ever in doubt that "the State deliberately used race in a purposeful manner." 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 14, 27-29. In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. They also contend that recent black electoral successes demonstrate the willingness of white voters in North Carolina to vote for black candidates. shape of the district lines could "be explained only in racial terms." William H. Rehnquist Rehnquist. The Justice Department under the George H.W. A. Croson Co., 488 U. S. 469, 493-495 (1989) (plurality opinion of O'CONNOR, J., joined by REHNQUIST, C. J., and WHITE and KENNEDY, JJ.) Journalize the entry to record and establish the allowance using the percentage method for January credit sales. 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. (Assume there is no difference between the pretax and aftertax accounts payable cost.). ham County, North Carolina, all registered to vote in that county. Accordingly, we have held that the Fourteenth Amendment requires state legislation that expressly distinguishes among citizens because of their race to be narrowly tailored to further a compelling governmental interest. App. See, e. g., Guinn v. United States, 238 U. S. 347 (1915). 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"). The message that such districting sends to elected representatives is equally pernicious. 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. ority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone." The second type of unconstitutional practice is that which "affects the political strength of various groups," Mobile v. Bolden, 446 U. S. 55, 83 (1980) (STEVENS, J., concurring in judgment), in violation of the Equal Protection Clause. See Karcher, supra, at 776 (WHITE, J., dissenting); Wells v. Rockefeller, 394 U. S. 542, 554 (1969) (WHITE, J., dissenting). 9 As has been remarked, "[d]ragons, bacon strips, dumbbells and other strained shapes are not always reliable signs that partisan (or racial or ethnic or factional) interests are being served, while the most regularly drawn district may turn out to have been skillfully constructed with an intent to aid one party." In Whitcomb v. Chavis, 403 U. S., at 149, we searched in vain for evidence that black voters "had less opportunity than did other residents to participate in the political processes and to elect legislators of their choice." Plainly, this variety is not implicated by appellants' allegations and need not detain us further. Analogous Case. 3. See Powers v. Ohio, 499 U. S. 400, 410 (1991) ("It is axiomatic that racial classifications do not become legitimate on the assumption that all persons suffer them in equal degree"). these are all arguments for ( ) side. 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. Appellants sought declaratory and injunctive relief against the state appellees. 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. 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. And those three Justices specifically concluded that race-based districting, as a response to racially polarized voting, is constitutionally permissible only when the State "employ[s] sound districting principles," and only when the affected racial group's "residential patterns afford the opportunity of creating districts in which they will be in the majority." The Attorney General objected to the plan on the ground that the second district could have been created to give effect to minority voting strength in the State's south-central to southeastern region. 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." Argued April 20, 1993-Decided June 28,1993. We also do not decide whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. It is true, of course, that one's vote may be more or less effective depending on the interests of the other individuals who are in one's district, and our cases recognize the reality that members of the same race often have shared interests. 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