. Id., at 165-166. 3. districts in order to comply with the Voting Rights Act. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. A. Croson Co., supra, at 493; see also Fullilove v. Klutznick, 448 U. S. 448, 484 (1980) (opinion of Burger, C. 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. 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. R. Dixon, Democratic Representation: Reapportionment in Law and Politics 459 (1968). APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA, No. 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. JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT. Furthermore, how it intends to manage this standard, I do not know. The Court affirmed the District Court's dismissal of the complaint on the ground that plaintiffs had not met their burden of proving discriminatory intent. 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. Even so, the individual's right is infringed only if the racial minority can prove that it has 'essentially been shut out of the political process.''' Summary: Shaw v. Reno, 509 U.S. 630 (1993), was a landmark United States Supreme Court case argued on April 20, 1993. UJO, supra, at 150. The distinction is untenable. The majority-minority district that is at the center of the controversy is, according to the State, 54.71% Mrican-American. given $1,000\$1,000$1,000 in food stamps to supplement his $1,000\$1,000$1,000 What is the purpose of an input device? Ibid. 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." No.1, 458 U. S. 457, 485 (1982). the purchase to her American Express card. UJO's framework simply does not apply where, as here, a reapportionment plan is alleged to be so irrational on its face that it immediately offends principles of racial equality. The Equal Protection Clause is only violated when a law seeks to hurt a minority group in voting.t. Dissenting Opinion. 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. Redistricting plans also reflect group interests and inevitably are conceived with partisan aims in mind. Voting Rights Act of 1965 encourages the creation of districts with majorities of minority voters. 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. The only justification I can imagine would be the preservation of "sound districting principles," such as compactness and contiguity. 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. UJO, 430 U. S., at 162165 (opinion of WHITE, J. 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. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. William H. Rehnquist Rehnquist. One of the lower court judges described it as winding in a snakelike fashion through tobacco country, financial centers, and manufacturing areas until it gobbled up enough enclaves of black neighborhoods to create a majority-black district. This Court has held political gerrymanders to be justiciable under the Equal Protection Clause. Argued April 20, 1993-Decided June 28,1993. See Karcher, supra, at 776 (WHITE, J., dissenting); Wells v. Rockefeller, 394 U. S. 542, 554 (1969) (WHITE, J., dissenting). for a remand at all, even accepting the majority's basic approach to this case. Id., at 357 (internal quotation marks omitted). I respectfully dissent. )-forecloses the claim we recognize today. the community, they violate the constitutional guarantee of equal protection"); Davis v. Bandemer, 478 U. S., at 178-183, and nn. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. Appellants maintain that the General Assembly's revised plan could not have been required by 2. 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. I nevertheless agree that the conscious use of race in redistricting does not violate the Equal Protection Clause unless the effect of the redistricting plan is to deny a particular group equal access to the political process or to minimize its voting strength unduly. With him on the briefs were Michael F. Easley, Attorney General of North Carolina, Edwin M. Speas, Jr., Senior, Deputy Attorney General, and Norma S. Harrell and Tiare B. Smiley, Special Deputy Attorneys General. The shapes of the two districts in question were quite controversial. 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. The majority also rejected appellants' claim that North Carolina's reapportionment plan was impermissible. 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. As a majority of the Justices construed the complaint, the UJO plaintiffs made a different claim: that the New York plan impermissibly "diluted" their voting strength. Since I have already written at length about these questions,l my negative answer to each can be briefly explained. It is also unnecessary to decide at this stage of the litigation whether the plan advances a state interest distinct from the Act: eradicating the effects of past racial discrimination. The Attorney General's interposition of a 5 objection "properly is viewed" as "an administrative finding of discrimination" against a racial minority. Supp., at 468-469. For these reasons, we conclude that a plaintiff challenging a reapportionment statute under the Equal Protection Clause may state a claim by alleging that the legislation, though race neutral on its face, rationally cannot be understood as anything other than an effort to separate voters into different districts on the basis of race, and that the separation lacks sufficient justification. See ante, at 649. And, finally, if the answer to the second question is generally "No," should it be different when the favored group is defined by race? 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. Its considering building a new $65 million manufacturing facility. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. The second majority-black district, District 12, is even more unusually shaped. The existence of bizarre and uncouth district boundaries is powerful evidence of an ulterior purpose behind the shaping of those boundaries-usually a purpose to advantage the political party in control of the districting process. One state legislator has remarked that" '[i]f you drove down the interstate with both car doors open, you'd kill most of the people in the district.'" 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). In that, state efforts to remedy minority vote dilution are wholly unlike what typically has been labeled "affirmative action." There is no support for this distinction in UJO, and no authority in the cases relied on by the Court either. Id., at 179 (opinion concurring in judgment) (some citations omitted). See Palmer v. Thompson, 403 U. S. 217, 225 (1971); United States v. O'Brien, 391 U. S. 367, 385 (1968). The Court held that although North Carolina's reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race. by Herbert Wachtell, William H. Brown III, Thomas J. Henderson, Frank R. Parker, Brenda Wright, Nicholas DeB. upon an extraordinary justification. Appellants sued the Governor of North Carolina, the Lieutenant Governor, the Secretary of State, the Speaker of the North Carolina House of Representatives, and members of the North Carolina State Board of Elections (state appellees), together with two federal officials, the Attorney General and the Assistant Attorney General for the Civil Rights Division (federal appellees). Final Vote: 5-4. Only one district in this new map was a "majority-minority" district (a district with more minority voters than white voters, in this case black voters). 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." Allen v. State Board of Elections(1969) (emphasis added). Location North Carolina General Assembly. Pp. 808 F. Supp. Three Justices approved the New York statute, in part, precisely because it adhered to traditional districting principles: "[WJe think it permissible for a State, employing sound districting principles such as compactness and population equality, to attempt to prevent racial minorities from being repeatedly outvoted by creating districts that will afford fair representation to the members of those racial groups who are sufficiently numerous and whose residential patterns afford the opportunity of creating districts in which they will be in the majority.". The majority attempts to distinguish UJO by imagining a heretofore unknown type of constitutional claim. Justice Stevens wrote a separate dissent. The Attorney General objected to the plan on the ground that a second district could have been created to give effect to minority voting strength in the State's south-central to southeastern region. See, e. g., Rogers v. Lodge, 458 U. S. 613, 616-617 (1982); White v. Regester, 412 U. S. 755, 765-766 (1973). At issue in Wright were four districts contained in a New York apportionment statute. As Wright demonstrates, when members of a racial group live together in one community, a reapportionment plan that concentrates members of the group in one district and excludes them from others may reflect wholly legitimate purposes. App. 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. What is the NPV of the new plant? 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. Get free summaries of new US Supreme Court opinions delivered to your inbox! J.). In 1993, about 20% of the state population identified as Black. Brown v. Board of Education, 347 U. S., at 494. As we have held, one's constitutional rights are not violated merely because the candidate one supports loses the election or because a group (including a racial group) to which one belongs winds up with a representative from outside that group. Carr (1962) was a landmark case concerning re-apportionment and redistricting. Where members of a racial minority group vote as a cohesive unit, practices such as multimember or atlarge electoral systems can reduce or nullify minority voters' ability, as a group, "to elect the candidate of their choice." By a 2-to-1 vote, the District Court also dismissed the complaint against the state appellees. A covered jurisdiction's interest in creating majority-minority districts in order to comply with the nonretrogression rule under 5 of the Voting Rights Act does not give it carte blanche to engage in racial gerrymandering. Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district in North Carolina. Although the Court concluded that the redistricting scheme at issue in Beer was nonretrogressive, it did not hold that the plan, for that reason, was immune from constitutional challenge. and by him referred to the Court in No. In addition, nothing in the Court's decisions compels the conclusion that racial and political gerrymanders are subject to the same constitutional scrutiny; in fact, this country's long and persistent history of racial discrimination in voting and the Court's Fourteenth Amendment jurisprudence would seem to compel the opposite conclusion. Since I do not agree that appellants alleged an equal protection violation and because the Court of Appeals faithfully followed the Court's prior cases, I dissent and would affirm the judgment below. Or can it maintain that change, while attempting to enhance minority voting power in some other 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 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. Id., at 342-348. So, too, would be a case in which a State concentrated a dispersed minority population in a single district by disregarding traditional districting principles such as compactness, contiguity, and respect for political subdivisions. Action verbs tell what the subject is doing or what is being done to the subject. See Voinovich v. Quilter, 507 U. S., at 157-158; Growe v. Emison, 507 U. S., at 40. Rather, appellants' complaint alleged that the deliberate segregation of voters into separate districts on the basis of race violated their constitutional right to participate in a "color-blind". In other words, the "analytically distinct claim" the majority discovers today was in plain view and did not carry the day for petitioners. The Attorney General did not object to the General Assembly's revised plan. 3:92CV71-P (WDNC)). Congress, too, responded to the problem of vote dilution. b. of Ed. It reinforces the perception that members of the same racial group-regardless of their age, education, economic status, or the community in which they live-think alike, share the same political interests, and will prefer the same candidates at the polls. 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. 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. 1237, 1261, n. 96 (1993) (internal quotation marks omitted). Brown v. Board of Education, 347 U. S. 483; McLaughlin v. Florida, 379 U. S. 184. Affirmative Action and Minority Voting Rights 44 (1987). 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. Thus. Redistricting advantage for blacks faces more scrutiny than an advantage for a non-minority. An understanding of the nature of appellants' claim is critical to our resolution of the case. 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). Indeed, because most of the nonwhite voters lived together in one area, it would have been difficult to construct voting districts without concentrations of nonwhite voters. In our view, the court used the wrong analysis. Const., Arndt. Gomillion v. Lightfoot, 364 U. S. 339, 340 (1960). Journalize the entry to record and establish the allowance using the percentage method for January credit sales. 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. Id., at 154, n. 14 (quoting Brief for Petitioners, O. T. 1976, No. u. S. 735, 753 (1973); see also Mobile v. Bolden, supra, at 86-87 (STEVENS, J., concurring in judgment). Our conclusion is supported by the plurality opinion in UJO, in which four Justices determined that New York's creation of additional majority-minority districts was constitutional because the plaintiffs had failed to demonstrate that the State "did more than the Attorney General was authorized to require it to do under the nonretrogression principle of Beer." 1973. or benefit provided to others.4 All citizens may register, vote, and be represented. Thus, for example, awarding government contracts on a racial basis excludes certain firms from competition on racial grounds. 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.) taker's concurrence appears to be premised on the notion that black citizens were being "fenc[ed] out" of municipal benefits. we do not read Beer or any of our other 5 cases to give covered jurisdictions carte blanche to engage in racial gerrymandering in the name of nonretrogression. Three Justices rejected the plaintiffs' claim on the grounds that the New York statute "represented no racial slur or stigma with respect to whites or any other race" and left white voters with better than proportional representation. It is particularly ironic that the case in which today's majority chooses to abandon settled law and to recognize for the first time this "analytically distinct" constitutional claim, ante, at 652, is a challenge by white voters to the plan under which North Carolina has sent black representatives to Congress for the first time since Reconstruction. 461 (EDNC 1992). 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. But numerous North Carolinians did. In Gomillion, in short, the group that formed the majority at the state level purportedly set out to manipulate city boundaries in order to remove members of the minority, thereby denying them valuable municipal services. Of course the Court has not held that the disadvantaging effect of these uses of race can never be justified by a sufficiently close relationship to a sufficiently strong state interest. Statement, O. T. 1991, 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." v. Bakke, supra, at 305 (opinion of Powell, J.). Majority Opinion/Decision. As a result of the 1990 census, North Carolina gained one congressional seat, increasing its House membership to twelve and requiring the state legislature to redraw the state's congressional districts. The Court reasoned: "If these allegations upon a trial remained uncontradicted or unqualified, the conclusion would be irresistible, tantamount for all practical purposes to a mathematical demonstration, that the legislation is solely concerned with segregating white and colored voters by fencing Negro citizens out of town so as to deprive them of their pre-existing municipal vote." Justice Frankfurter characterized the complaint as alleging a deprivation of the right to vote in violation of the Fifteenth Amendment. See 478 U. S., at 131, n. 12 (plurality opinion). 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) . But it soon became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory voting practices. 3. Nor is it a particularly accurate description of what has occurred. 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. Concerning re-apportionment and redistricting ; McLaughlin v. Florida, 379 U. 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