Because appellants here stated such a claim, the District Court erred in dismissing their complaint. At issue in Wright were four districts contained in a New York apportionment statute. See n. 7, supra. 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. That racial bloc voting or minority political cohesion may be found to exist in some cases, of course, is no reason to treat all racial gerrymanders differently from other kinds of racial classification. the Attorney General's satisfaction that its proposed redistricting had neither the purpose nor the effect of abridging the right to vote on account of race or color. By a 2-to-1 vote, the District Court also dismissed the complaint against the state appellees. The Court appears to accept this, and it does not purport to disturb the law of vote dilution in any way. As we have said, "it requires no special genius to recognize the political consequences of drawing a district line along one street rather than another." For discussion of the substance of these opinions, see infra text accompanying notes 53-74. No. 1984); and, finally, the "concentration of [minority voters] into districts where they constitute an excessive majority," Thornburg v. Gingles, 478 U. S. 30, 46, n. 11 (1986), also called "packing," Voinovich, supra, at 153. 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. 1300 (1966). 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. 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. That duty, however, is not violated when the majority acts to facilitate the election of a member of a group that lacks such power because it remains underrepresented in the state legislature-whether that group is defined by political affiliation, by common economic interests, or by religious, ethnic, or racial characteristics. Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). The plan ignores the directive of the [Department of Justice] to create a minority district in the southeastern portion of North Carolina since any such district would jeopardize the reelection of the Democratic incumbent." c. Answer the questions in part (b) for the minimum body temperature during the 24-hour period. The only other case invoked by the majority is Wright v. Rockefeller, supra. See South Carolina v. Katzenbach, 383 U. S. 301, 309-313 (1966). See Gomillion v. Lightfoot, 364 U. S. 339. (emphasis added). 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.'" Post, at 668 (WHITE, J., dissenting). Id., at 342-348. To that end, however, there must be an allegation of discriminatory purpose and effect, for the constitutionality of a race-conscious redistricting plan. I fail to see how a decision based on a failure to establish discriminatory intent can support the inference that it is unnecessary to prove discriminatory effect. Appellants are five residents of Dur-. In fact, our country's long and persistent history of racial discrimination in voting-as well as our Fourteenth Amendment jurisprudence, which always has reserved the strictest scrutiny for discrimination on the basis of race, see supra, at 642-644-would seem to compel the opposite conclusion. The majority read UJO to stand for the proposition that a redistricting scheme violates white voters' rights only if it is "adopted with the purpose and effect of discriminating against white voters on account of their race." the purchase to her American Express card. Thus, "an equal protection violation may be found only where the electoral system substantially disadvantages certain voters in their opportunity to influence the political process effectively." See, e. g., Holland v. Illinois, 493 U. S. 474, 484, n. 2 (1990) ("[A] prosecutor's assumption that a black juror may be presumed to be partial simply because he is black violates the Equal Protection. See, e. g., Chapman v. Meier, 420 U. S. 1, 17 (1975); White v. Regester, 412 U. S. 755, 765-766 (1973). Respondent Argument (Reno) 1. Indeed, the Voting Rights Act and our case law make clear that a reapportionment plan that satisfies 5 still may be enjoined as unconstitutional. 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. There are three financing options: 1. We said as much in Gaffney: "[C]ourts have [no] constitutional warrant to invalidate a state plan, otherwise within tolerable population limits, because it undertakes, not to minimize or eliminate the political strength of any group or party, but to recognize it and, through districting, provide a rough sort of proportional representation in the legislative halls of the State." I doubt that this constitutes a discriminatory purpose as defined in the Court's equal protection cases-i. Beer v. United States, 425 U. S. 130, 141 (1976). The U.S. Supreme Court and the federal government should encourage states to find ways to comply with the act, even if compliance results in oddly shaped districts, the attorney argued. Because the State's purpose here was to comply with the Voting Rights Act, and because the General Assembly's plan did not lead to proportional underrepresentation of white voters state-. (emphasis added). 808 F. 808 F. 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. Under that principle, a proposed voting change cannot be precleared if it will lead to "a retrogression in the position of racial minorities with respect to their effective exercise of the electoral franchise." Gaffney v. Cummings, 412. And, finally, if the answer to the second question is generally "No," should it be different when the favored group is defined by race? ("United Jewish Organizations properly is viewed as a case in which the remedy for an administrative finding of discrimination encompassed measures to improve the previously disadvantaged group's ability to participate, without excluding individuals belonging to any other group from enjoyment of the relevant opportunity-meaningful participation in the electoral process") (emphasis added). The three-judge District Court granted the federal appellees' motion to dismiss. 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. It applied a three-part test, examining intent, effects, and causation. Its central purpose is to prevent the States from purposefully discriminating between individuals on the basis of race. As Justice Douglas explained in his dissent in Wright v. Rockefeller nearly 30 years ago: "Here the individual is important, not his race, his creed, or his color. I add these comments to emphasize that the two critical facts in this case are undisputed: First, the shape of District 12 is so bizarre that it must have been drawn for the purpose of either advantaging or disadvantaging a cognizable group of voters; and, second, regardless of that shape, it was drawn for the purpose of facilitating the election of a second black representative from North Carolina. Id., at 133 (emphasis added). 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. (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. plan did not minimize or unfairly cancel out white voting strength." See Reynolds, 377 U. S., at 578 (recognizing these as legitimate state interests). Pp. Or can it maintain that change, while attempting to enhance minority voting power in some other manner? The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause. 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. Final Vote: 5-4. Indeed, the facts of the case would not have supported such a claim. What nonverbal communication category does cigarette smoking fall under? 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. Freedom of Speech, Assembly, and Association. Ante, at 658. O'CONNOR, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and SCALIA, KENNEDY, and THOMAS, JJ., joined. Supp., at 472. "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. 5 See Richmond v. J. v. RENO, ATTORNEY GENERAL, ET AL. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. of Ed., 476 U. S. 267, 277-278 (plurality opinion). 7 I borrow the term "segregate" from the majority, but, given its historical connotation, believe that its use is ill advised. Id., at 349. Significant changes in the area of redistricting and gerrymandering, 1. )-forecloses the claim we recognize today. Id., at 472-473. The plan amounts to unconstitutional discrimination on the basis of race 3.District 12 is not compact or contiguous which are criteria for district maps 4. 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." Gomillion, supra, at 341. Arlington Heights v. Metropolitan Housing Development Corp.(1977). The Court's opinion essentially calls into question the validity of the entire makeup of the House of Representatives because in most of the States there was a significant difference in the populations of their congressional districts. How do you think the civil rights movement and federal laws led to changes in American society and politics? 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. 1. Shaw v. Reno arose from a push to get greater representation for Black voters in North Carolina. In favor of Shaw. Its central purpose is to prevent the States from purposefully discriminating between individuals on the basis of race. See App. 42 U. S. C. 1973c; see also 1973b(f)(2). 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. Gomillion thus supports appellants' contention that district lines obviously drawn for the purpose of separating voters by race require careful scrutiny under the Equal Protection Clause regardless of the motivations underlying their adoption. The Attorney General's interposition of a 5 objection "properly is viewed" as "an administrative finding of discrimination" against a racial minority. To date, we have held that only two types of state voting practices could give rise to a constitutional claim. 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. 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 message that such districting sends to elected representatives is equally pernicious. to Juris. Under the General Assembly's plan, two will vote for congressional representatives in District 12 and three will vote in neighboring District 2. or What? It was 160 miles long and generally corresponded to the Interstate 85 corridor. The Democratic National Committee maintained that the minority districts were constitutional, while the Republican National Committee argued that they were not. Shaw v. Reno Jennifer Denise Rogers . 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). They alleged that the General Assembly deliberately "create[d] two Congressional Districts in which a majority of black voters was concentrated arbitrarily-without regard to any other considerations, such as compactness, contiguousness, geographical boundaries, or political subdivisions" with the purpose "to create Congressional Districts along racial lines" and to assure the election of two black representatives to Congress. Get free summaries of new US Supreme Court opinions delivered to your inbox! 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. of Gal. 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. 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. 408 (E.D.N.C. The new district stretches approximately 160 miles along Interstate 85 and, for much of its length, is no wider than the 1-85 corridor. See 364 U. S., at 341, 346. See, e. g., Croson, supra, at 509 (plurality opinion). Supp., at 476-477 (Voorhees, C. J., concurring in part and dissenting in part). Pp. Written and curated by real attorneys at Quimbee. ); id., at 175-179 (Brennan, J., concurring in part); id., at 180 (Stewart, J., concurring in judgment). See Karcher, supra, at 776 (WHITE, J., dissenting); Wells v. Rockefeller, 394 U. S. 542, 554 (1969) (WHITE, J., dissenting). Petitioners'. 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). Id., at 154-155. See Fed. The General Assembly located the second district not in the south-central to southeastern part of the State, but in the north-central region along Interstate 85. We summarily affirmed that decision. Furthermore, how it intends to manage this standard, I do not know. 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." 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.) H. Lefler & A. Newsom, The History of a Southern State: North Carolina 18-22 (3d ed. Redistricters have to justify themselves. Allen v. State Bd. The "historic and present condition" of the Mexican-American community, id., at 767, a status of cultural and economic marginality, id., at 768, as well as the legislature's unresponsiveness to the group's interests, id., at 768-769, justified the conclusion that MexicanAmericans were "'effectively removed from the political processes,'" and "invidiously excluded from effective participation in political life," id., at 769. 14, 27-29. Cf. The wide range of opinions represented in the ruling have made it challenging for subsequent cases to use New York Times v. United States as precedent. That concession is wise: This Court never has held that race-conscious state decisionmaking is impermissible in all circumstances. 639-642. JUSTICE SOUTER'S reasoning is flawed. 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. Appellants have stated a claim under the Equal Protection Clause by alleging that the reapportionment scheme is so irrational on its face that it can be understood only as an effort to segregate voters into separate districts on the basis of race, and that the separation lacks sufficient justification. U. S. Nor was it ever in doubt that "the State deliberately used race in a purposeful manner." The balances for the accounts that follow appear in the Adjusted Trial Balance columns of the end-of-period spreadsheet. (b) Classifications of citizens based solely on race are by their nature odious to a free people whose institutions are founded upon the doctrine of equality, because they threaten to stigmatize persons by reason of their membership in a racial group and to incite racial hostility. Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). See post, at 684 (dissenting opinion). 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. Argued April 20, 1993-Decided June 28,1993. these are all arguments for ( ) side. Statement 89a-90a; see also Brief for Appellants 31-32. Research* indicates that the body temperature T(t)T(t)T(t) (in C{ }^{\circ} \mathrm{C}C ) of patients with Alzheimer's disease fluctuates periodically over a 24-hour period according to the formula, T(t)=37.29+0.46cos[(t16.37)12]T(t)=37.29+0.46 \cos \left[\frac{\pi(t-16.37)}{12}\right] Gomillion v. Lightfoot, 364 U. S. 339, 340 (1960). districts in order to comply with the Voting Rights Act. 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. See Mobile v. Bolden, 446 U. S., at 86-90, and nn. tutes an unconstitutional racial gerrymander. 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. Laws that explicitly distinguish between individuals on racial grounds fall within the core of that prohibition. Given two districts drawn on similar, race-based grounds, the one does not become more injurious than the other simply by virtue of being snakelike, at least so far as the Constitution is concerned and absent any evidence of differential racial impact. It included all or portions of twenty-eight counties. Post, at 678 (STEVENS, J., dissenting). See, e. g., Guinn v. United States, 238 U. S. 347 (1915). Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's, NORTH CAROLINA CONGRESSIONAL PLAN Chapter 7 of the 1991 Session Laws (1991 Extra Session). The Twelfth District received even harsher criticism. Blumstein, Defining and Proving Race Discrimination: Perspectives on the Purpose V s. Results Approach from the Voting Rights Act, 69 Va. L. Rev. Explain in words and with a diagram. 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-. Robinson O. Everett argued the cause for appellants. Plainly, this variety is not implicated by appellants' allegations and need not detain us further. 461 (EDNC 1992). Under 5, the State remained free to seek a declaratory judgment from the District Court for the District of Columbia notwithstanding the Attorney General's objection. Congress, too, responded to the problem of vote dilution. The Court today chooses not to overrule, but rather to sidestep, UJO. 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. [Appendix containing map of North Carolina Congressional Plan follows this page.]. a majority-minority district does not unfairly minimize the voting power of any other group, the Constitution does not justify, much less mandate, such obstruction. Moreover, it seems clear to us that proof sometimes will not be difficult at all. Sign up for our free summaries and get the latest delivered directly to you. Laws, ch. The Court applied the same reasoning to the "uncouth twenty-eight-sided" municipal boundary line at issue in Gomillion. Rule Civ. In each instance, race is consciously utilized by the legislature for electoral purposes; in each instance, we have put the plaintiff challenging the district lines to the. Post, at 680 (dissenting opinion). See Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). 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. Equal protection cases-i purposefully discriminating between individuals on the basis of race that change, while the Republican Committee. See Mobile v. Bolden, 446 U. S. 124, 153-155 ( 1971 ) proof sometimes not... And need not detain us further, examining intent, effects, and nn get the latest delivered directly you... Difficult at all 153-155 ( 1971 ) 403 U. S. 267, 277-278 ( plurality opinion.. Directly to you, Croson, supra, at 684 ( dissenting opinion ),! And it does not purport to disturb the law of vote dilution any. 684 ( dissenting opinion ) by a 2-to-1 vote, the facts the! Standard, i do not know this constitutes a discriminatory purpose as defined the! 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