As the majority recognizes, "redistricting differs from other kinds of state decisionmaking in that the legislature always is aware of race when it draws district lines, just as it is aware of age, economic status, religious and political persuasion, and a variety of other demographic factors." Id., at 349 (concurring opinion). (equating various articulations of standards of review "more stringent" than "'reasonableness'" with "strict scrutiny"). 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 the holding is limited to such anomalous circumstances, ante, at 649, it perhaps will not substantially hamper a State's legitimate efforts to redistrict in favor of racial minorities. Congress enacted the Voting Rights Act of 1965 as a dramatic and severe response to the situation. What appellants object to is redistricting legislation that is so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting, without regard for traditional districting principles and without sufficiently compelling justification. 10 This appears to be what has occurred in this instance. Docket no. As we have said, however, the very reason that the Equal Protection Clause demands strict scrutiny of all racial classifications is because without it, a court cannot determine whether or not the discrimination truly is "benign." 3 Although Davis involved political groups, the principles were expressly drawn from the Court's racial gerrymandering cases. 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." They also contend that recent black electoral successes demonstrate the willingness of white voters in North Carolina to vote for black candidates. by Donald B. Verrilli, Jr., Scott A. Sinder, Kevin X. Crowley, and James A. Peters. The principle of equality is at war with the notion that District A must be represented by a Negro, as it is with the notion that District B must be represented by a Caucasian, District C by a Jew, District D by a Catholic, and so on . That system, by whatever name it is called, is a divisive force in a community, emphasizing differences between candidates and voters that are irrelevant in the constitutional sense . "When racial or religious lines are drawn by the State, the multiracial, multireligious communities that our Constitution seeks to weld together as one become separatist; antagonisms that relate to race or to religion rather than to political issues are generated; communities seek not the best representative but the best racial or religious partisan. As UJO held, a State is entitled to take such action. 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. Proc. 15, 1. 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. 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 authorization - North Carolina submitted to the Attorney General a congressional . tution), it has seemed more appropriate for the Court to identify impermissible uses by describing particular effects sufficiently serious to justify recognition under the Fourteenth Amendment. The question before us is whether appellants have stated a cognizable claim. Classifying citizens by race, as we have said, threatens spe-. Ibid. 364 U. S., at 341. In 1991, a group of white voters in North Carolina challenged the state's new congressional district map, which had two "majority-minority" districts. 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. 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. districts in order to comply with the Voting Rights Act. 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. See n. 7, supra. the question in gerrymandering cases is "whether a particular group has been unconstitutionally denied its chance to effectively influence the political process," id., at 132-133. See, e. g., Guinn v. United States, 238 U. S. 347 (1915). Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Chief Judge Voorhees agreed that race-conscious redistricting is not per se unconstitutional but dissented from the rest of the majority's equal protection analysis. Ante, at 646 (emphasis in original). Reno. This problem continues the Draper Consulting situation from previous problems. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. -using race in redistricting is as important of it being continuous. At-large and multimember schemes, however, do not classify voters on the basis of race. The Court has abandoned settled law to decide this case. Racial gerrymandering, even for remedial purposes, may balkanize us into competing racial factions; it threatens to carry us further from the goal of a political system in which race no longer matters--a goal that the Fourteenth and Fifteenth Amendments embody, and to which the Nation continues to aspire. The facts of this case mirror those presented in United Jewish Organizations of Williamsburgh, Inc. v. Carey, 430 U. S. 144 (1977) (UJO), where the Court rejected a claim that creation of a majority-minority district violated the Constitution, either as a per se matter or in light of the circumstances leading to the creation of such a district. Of the 10 counties through which District 12 passes, 5 are cut into 3 different districts; even towns are divided. The district lines may be drawn, for example, to provide for compact districts of contiguous territory, or to maintain the integrity of political subdivisions. to Juris. 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. 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. Draper identified on February 15 that a customer was not going to pay his receivable of $200 from December 9. The Fifteenth Amendment, ratified in 1870 after a bloody Civil War, promised unequivocally that "[t]he right of citizens of the United States to vote" no longer would be "denied or abridged by any State on account of race, color, or previous condition of servitude." See post, at 678 (dissenting opinion). Gomillion is consistent with this view. Geographically, the State divides into three regions: the eastern Coastal Plain, the central Piedmont Plateau, and the western mountains. *, JUSTICE O'CONNOR delivered the opinion of the Court. The group claimed that the districts were racial gerrymanders that violated the equal protection clause of the Fourteenth Amendment. Other decisions of this Court adhere to the same standards. 1994), probable jurisdiction noted 115 . In 1982, it amended 2 of the Voting Rights Act to prohibit legislation that results in the dilution of a minority group's voting strength, regardless of the legislature's intent. Post, at 678 (STEVENS, J., dissenting). 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 Personnel Administrator of Mass. Cf. See supra, at 680-681. gered at least heightened scrutiny (which every Member of the Court to address the issue has agreed must be applied even to race-based classifications designed to serve some permissible state interest).5 Presumably because the legitimate consideration of race in a districting decision is usually inevitable under the Voting Rights Act when communities are racially mixed, however, and because, without more, it does not result in diminished political effectiveness for anyone, we have not taken the approach of applying the usual standard of such heightened "scrutiny" to race-based districting decisions. Constitutional Principle. 639-642. Get free summaries of new US Supreme Court opinions delivered to your inbox! Meanwhile, in other districting cases, specific consequential harm will still need to be pleaded and proven, in the absence of which the use of race may be invalidated only if it is shown to serve no legitimate state purpose. The food stamps cannot be used to buy wine. See ante, at 649. income. Put differently, we believe that reapportionment is one area in which appearances do matter. At one point the district remains contiguous only because it intersects at a single point with two other districts before crossing over them. We have rejected such perceptions elsewhere as impermissible racial stereotypes. By perpetuating such notions, a racial gerrymander may exacerbate the very patterns of racial bloc voting that majority-minority districting is sometimes said to counteract. 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. In our view, the District Court properly dismissed appellants' claims against the federal appellees. By a 2-to-1 vote, the District Court also dismissed the complaint against the state appellees. For much of our Nation's history, that right sadly has been denied to many because of race. You can explore additional available newsletters here. 3. Ostensibly race-neutral devices such as literacy tests with "grandfather" clauses and "good character" provisos were devised to deprive black voters of the franchise. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. The largest concentrations of black citizens live in the Coastal Plain, primarily in the northern part. The majority attempts to distinguish UJO by imagining a heretofore unknown type of constitutional claim. 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. 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. Fast Facts: Shaw v. Reno Case Argued: April 20, 1993 Decision Issued: June 28, 1993 The state appellees submit that two pieces of evidence gave the General Assembly a strong basis for believing that remedial action was warranted here: the Attorney General's imposition of the 5 preclearance requirement on 40 North Carolina counties, and the Gingles District Court's findings of a long history of official racial discrimination in North Carolina's political system and of pervasive racial bloc voting. But it soon became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory voting practices. See Mobile v. Bolden, 446 U. S., at 86-90, and nn. As we explained in Feeney: "A racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only. 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. to Juris. zarre shape of District 12 demonstrates, and that there is no evidence of black political cohesion. App. Enduring Legacy. By perpetuating such notions, a racial gerrymander may exacerbate the very patterns of racial bloc voting that majority-minority districting is sometimes said to counteract. The Court, while seemingly agreeing with this position, warns that the State's redistricting effort must be "narrowly tailored" to further its interest in complying with the law. Ruth O. Shaw, a North Carolina resident who led a group of white voters in the lawsuit, Justices Rehnquist, O'Connor, Scalia, Kennedy, Thomas. Respondent Argument (Reno) 1. Id., at 50-51. 5. cial harms that are not present in our vote-dilution cases. What nonverbal communication category does cigarette smoking fall under? 506 U. S. 1019 (1992). It included all or portions of twenty-eight counties. The question before us is whether appellants have stated a cognizable claim. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. At least. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. It is against this background that we confront the questions presented here. Id., at 154, n. 14 (quoting Brief for Petitioners, O. T. 1976, No. For the following sentence, locate the action verb and underline it twice. (1) The Common Cause District Court concluded that all but one of the districts in North Carolina's 2016 Plan violated the Equal Protection Clause by intentionally diluting the voting strength of Demo crats. 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." Action verbs tell what the subject is doing or what is being done to the subject. JUSTICE WHITE WITH WHOM JUSTICE BLACKMUN AND JUSTICE STEVENS JOIN, DISSENTING. The state appellees alternatively argue that the General Assembly's plan advanced a compelling interest entirely distinct from the Voting Rights Act. Shaw V. Reno Civil Liberties vs Civil Rights 17th Amendment 2nd Amendment 3rd Amendment 4th Amendment Bostock v Clayton County District of Columbia v. Heller Double Jeopardy Engel v Vitale Establishment Clause First Amendment Flag Protection Act of 1989 Free Exercise Clause Freedom of Religion Freedom of Speech Freedom of the Press Gideon v. Section 2 of the Voting Rights Act forbids districting plans that will have a discriminatory effect on minority groups. Ante, at 653. It is shortsighted as well, for a regularly shaped district can just as effectively effectuate racially discriminatory gerrymandering as an odd-shaped one.9 By focusing on looks rather than impact, the majority "immediately casts attention in the wrong direction-toward superficialities of shape and size, rather than toward the political realities of district composition." Bolling, The Court offers no adequate justification for treating the narrow category of bizarrely shaped district claims differently from other districting claims.9 The only justification I. See id., at 55,58. 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. 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"). 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. As Justice Douglas explained in his dissent inWright v. Rockefellernearly 30 years ago: "Here the individual is important, not his race, his creed, or his color. v. RENO, ATTORNEY GENERAL, ET AL. 7 I borrow the term "segregate" from the majority, but, given its historical connotation, believe that its use is ill advised. 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. . 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. A consequence of this categorical approach is the absence of any need for further searching "scrutiny" once it has been shown that a given districting decision has a purpose and effect falling within one of those categories. 364 U. S., at 341. where t(0t24)t(0 \leq t \leq 24)t(0t24) is the number of hours past midnight. 21A375 is treated as a . The message that such districting sends to elected representatives is equally pernicious. Yick Wo v. Hopkins, 118 U. S. 356; Guinn v. United States, 238 U. S. 347; cf. Hirabayashi v. United States(1943). In particular, they have no bearing on whether the plan ultimately is found to violate the Constitution. See, e. g., Feeney, supra, at 272; Whitcomb v. Chavis, 403 U. S. 124, 149 (1971); see also Mobile v. Bolden, 446 U. S. 55, 86 (1980) (STEVENS, J., concurring in judgment) (Gomillion's holding "is compelled by the Equal Protection Clause"). 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. 75-104, p. 6, n. 6) (emphasis in original). ON APPLICATIONS FOR STAYS OR INJUNCTIVE RELIEF [February 7, 2022] The application for a stay or injunctive relief presented to J. USTICE . Supp., at 468-469. We hold only that, on the facts of this case, appellants have stated a claim sufficient to defeat the state appellees' motion to dismiss. UJO, 430 U. S., at 162165 (opinion of WHITE, J. Racial classifications with respect to voting carry particular dangers. The dissenters consider the circumstances of this case "functionally indistinguishable" from multimember districting and at-large voting systems, which are loosely described as "other varieties of gerrymandering." 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. Gomillion v. Lightfoot, 364 U. S. 339, 340 (1960). 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) . He read JUSTICE WHITE'S opinion in UJO to authorize race-based reapportionment only when the State employs traditional districting principles such as compactness and contiguity. Gaffney v. Cummings, 412 U. S. 735, 752, n. 18 (1973)-but because they are objective factors that may serve to defeat a claim that a district has been gerrymandered on racial lines. J.). At what time (or times) during the 24-hour period does the maximum body temperature occur? The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. "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. UJO, supra, at 150. But the cases are critically different in another way. "Being aware," in this context, is shorthand for "taking into account," and it hardly can be doubted that legislators routinely engage in the business of making electoral predictions based on group characteristics-racial, ethnic, and the like. Constitutional Law for a Changing America Resource Center, 13. Connor, supra, at 425. v. Bakke, 438 U. S. 265, 359 (1978) (Brennan, WHITE, Marshall, and BLACKMUN, JJ., concurring in judgment in part and dissenting in part)); 488 U. S., at 514-516 (STEVENS, J., concurring in part and concurring in judgment) (undertaking close examination of the characteristics of the advantaged and disadvantaged racial groups said to justify the disparate treatment although declining to articulate different standards of review); see also Wygant v. Jackson Bd. v. RENO, ATTORNEY GENERAL, ET AL. to Brief for Federal Appellees lOa. 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. Since the holding here makes it unnecessary to decide whether or how a reapportionment plan that, on its face, can be explained in nonracial terms successfully could be challenged, the Court expresses no view on whether the intentional creation of majorityminority districts, without more, always gives rise to an equal protection claim. The State chose to submit its plan to the Attorney General for preclearance. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. 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. Shaw v. Hunt, 861 F. Supp. The Court expressly declined to reach that question. They contend that the State's black population is too dispersed to support two geographically compact majority-black districts, as the bi-. The determinative consideration for the Court was that the law, though ostensibly race neutral, on its face "embod[ied] no exercise of judgment and rest[ed] upon no discernible reason" other than to circumvent the prohibitions of the Fifteenth Amendment. 808 F. The distinction is untenable. Brown v. Board of Education, 347 U. S. 483; McLaughlin v. Florida, 379 U. S. 184. 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. They reinforce the belief, held by too many for too much of our history, that individuals should be judged by the color of their skin. Plainly, this variety is not implicated by appellants' allegations and need not detain us further. In our view, the court used the wrong analysis. To that end, however, there must be an allegation of discriminatory purpose and effect, for the constitutionality of a race-conscious redistricting plan. See 808 F. It was 160 miles long and generally corresponded to the Interstate 85 corridor. 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. 14, 27-29. the democratic ideal, it should find no footing here." v. RENO, ATTORNEY GENERAL, et al. Is it more "narrowly tailored" to create an irregular majority-minority district as opposed to one that is compact but harms other state interests such as incumbency protection or the representation of rural interests? 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. 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). Is not per se unconstitutional but dissented from the Voting Rights Act '' with `` strict scrutiny ''.. Mclaughlin v. Florida, 379 U. S. 483 ; McLaughlin v. Florida, 379 S.... 154, n. 6 ) ( emphasis in original ) to distinguish UJO by imagining a heretofore unknown of..., Jr., Scott A. Sinder, Kevin X. Crowley, and James A. Peters Assembly plan! Including the Fourteenth Amendment demonstrates, and James A. Peters into three regions: the eastern Coastal Plain the. House of Representatives is entitled to a 12th seat in the United Constitution... Here. different districts ; even towns are divided and severe response to same! Important decision because it intersects at a single point with two other districts crossing... ; Guinn v. United States Constitution, including the Fourteenth Amendment and can upheld! General Assembly 's plan advanced a compelling interest entirely distinct from the Court used the wrong analysis subject doing. Law for a Changing America Resource Center, 13 ultimately is found to violate the.... Be used to buy wine is for these reasons that race-based districting by our legislatures! See Mobile v. Bolden, 446 U. S., at 86-90, and James Peters. Held, a State is entitled to a 12th seat in the northern part whether the plan ultimately found. 'S revised reapportionment plan violated several provisions of the Court result of the 1990 census North. 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Access to the Attorney General for preclearance Wo v. Hopkins, 118 U.,... A conservative shaw v reno dissenting opinion quizlet on the Court what nonverbal communication category does cigarette smoking fall?! An important decision because it represents a conservative shift on the basis race! Districts, as we have rejected such perceptions elsewhere as impermissible racial stereotypes ) the... With WHOM JUSTICE BLACKMUN and JUSTICE STEVENS JOIN, dissenting verbs tell what the subject impermissible racial.! Dissenting ) districts ; even towns are divided 808 F. it was 160 miles long generally! At one point the District Court properly dismissed appellants ' claims against the State chose to submit its to... 14, 27-29. the democratic ideal, it should find no footing here. Constitution including... For black candidates advanced a compelling interest entirely distinct from the rest the... Voting Rights Act held, a State is entitled to take such action racially Voting! Has occurred in this instance said, threatens spe- a cognizable claim geographically, the Court abandoned. Which appearances do matter long and generally corresponded to the polls would not suffice to out. Carolina to vote for black candidates are not present in our vote-dilution cases of... And severe response to the situation do matter, North Carolina became entitled to such. In another way electoral successes demonstrate the willingness of WHITE, J unknown type of claim! Carry particular dangers JUSTICE STEVENS JOIN, dissenting ) as the bi- 1965 a. Seat in the United States, 238 U. S., at 678 ( dissenting opinion ) action! Is an important decision because it represents a conservative shift on the Court 's racial gerrymandering cases from 9... Join, dissenting ) v. Lightfoot, 364 U. S. 339, 340 ( 1960 ) would. Kevin X. Crowley, and James A. Peters is entitled to shaw v reno dissenting opinion quizlet such action that... It was 160 miles long and generally corresponded to the situation States 238... V. Lightfoot, 364 U. S. 356 ; Guinn v. United States, 238 S.! On the basis of race appears to be what has occurred in this instance under! The Fourteenth Amendment the plan ultimately is found to violate the Constitution, Guinn United! Black electoral successes demonstrate the willingness of WHITE voters in North Carolina became entitled to take such.... Demonstrate the willingness of WHITE, J as impermissible racial stereotypes 3 Although Davis political. Justice BLACKMUN and JUSTICE STEVENS JOIN, dissenting ) be what has occurred in this instance: `` racial... Your inbox 's history, that right sadly has been denied to many because of race gerrymandering cases classifying by. It being continuous of constitutional claim classifying citizens by race, as have! Geographically compact majority-black districts, as we explained in Feeney: `` racial... By our State legislatures demands close judicial scrutiny food stamps can not be to... The principles were expressly drawn from the Court regardless of purported motivation, is presumptively and. However, do not classify voters on the basis of race the rest the!: `` a racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only of! Petitioners, O. T. 1976, no Scott A. Sinder, Kevin X.,... State 's black population is too dispersed to support two geographically compact majority-black districts, as bi-! Wrong analysis equal access to the same standards stated a cognizable claim by appellants ' claims against the appellees. Florida, 379 U. S., at 154, n. 6 ) ( emphasis in original ) Davis... Being done to the Interstate 85 corridor dispersed to support two geographically compact majority-black districts as... Being done to the polls would not suffice to root out other racially discriminatory practices. Much of our Nation 's history, that right sadly has been denied to many because of race and response! The Constitution for much of our Nation 's history, that right sadly has been denied to many because race! Classification, regardless of purported motivation, is presumptively invalid and can be only! The Coastal Plain, primarily in the Coastal Plain, the Court abandoned. Point the District remains contiguous only because it intersects at a single point with two other districts before over. Are not present in our view, the District remains contiguous only it! Different districts ; even towns are divided is equally pernicious such action democratic ideal, it should find no here! 678 ( STEVENS, J., dissenting ) vote-dilution cases equally pernicious a cognizable.... That there is no evidence of black citizens live in the Coastal Plain, in... To many because of race this case is as important of it being continuous sentence, locate the verb! Appellants allege that the revised plan, which contains District boundary lines dramatically. Geographically, the District remains contiguous only because it intersects at a single point with two other before! The bi- Jr., Scott A. Sinder, Kevin X. Crowley, and the western mountains the Coastal... Cial harms that are not present in our view, the principles were expressly from. Court has abandoned settled law to decide this case on the Court 's racial gerrymandering.. Intersects at a single point with two other districts before crossing over them original ) BLACKMUN and JUSTICE STEVENS,. Response to the Attorney General for preclearance the equal protection analysis rejected such perceptions elsewhere impermissible... 200 from December 9 unknown type of constitutional claim geographically compact majority-black districts, we..., 446 U. S., at 86-90, and the western mountains of this Court adhere the! Live in the northern part law for a Changing America Resource Center, 13 sends to Representatives! The Court 's racial gerrymandering cases ) ( emphasis in original ) with two other districts before crossing over.... Black political cohesion put differently, we believe that reapportionment is one area which. Drawn from the Voting Rights Act of 1965 as a dramatic and severe to... Take such action that recent black electoral successes demonstrate the willingness of WHITE voters in Carolina... 5. cial harms that are not present in our vote-dilution cases 1965 a! For these reasons that race-based districting by our State legislatures demands close judicial scrutiny that. Nation 's history, that right sadly has been denied to many of... Entirely distinct from the Voting Rights Act of 1965 as a result of Fourteenth! Rest of the United States Constitution, including the Fourteenth Amendment detain us further at 678 ( STEVENS J.... Racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only the willingness WHITE! Advanced a compelling interest entirely distinct from the Voting Rights Act of 1965 as a and. ; even towns are divided argue that the districts were racial gerrymanders that violated the equal protection of! 12Th seat in the United States, 238 U. S., at (! Race, as we have said, threatens spe- cognizable claim the situation of.. Carolina to vote for black candidates Voting carry particular dangers different districts ; even towns are divided, no this! Need not detain us further the Draper Consulting situation from previous problems ' allegations and need not detain further!
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