The Justices disagreed only as to whether the plaintiffs had carried their burden of proof at trial. We therefore consider what that level of scrutiny requires in the reapportionment context. On the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Turner, Thomas G. Hungar, and Jessica Dunsay Silver. of Ed., 476 U. S. 267 (1986) (teacher layoffs), electoral districting calls for decisions that nearly always require some consideration of race for legitimate reasons where there is a racially mixed population. Nor if dilution is proven is there any need for further constitutional scrutiny; there has never been a suggestion that such use of race could be justified under any type of scrutiny, since the dilution of the right to vote can not be said to serve any legitimate governmental purpose. Congress enacted the Voting Rights Act of 1965 as a dramatic and severe response to the situation. 506 U. S. 801 (1992). Constitutional Principle. T. HOMAS. Racial classifications of any sort pose the risk of lasting harm to our society. Thornburg v. Gingles, 478 U. S. 30, 46-51 (1986), and as long as racial bloc voting takes place,l legislators will have to take race into account in order to avoid dilution of minority voting strength in the districting plans they adopt.2 One need look. This will be true in areas where the minority population is geographically dispersed. For much of our Nation's history, that right sadly has been denied to many because of race. (equating various articulations of standards of review "more stringent" than "'reasonableness'" with "strict scrutiny"). post, at 684-685 (dissenting opinion). It deemed appellants' claim under the Fifteenth Amendment essentially subsumed within their related claim under the Equal Protection Clause. It included all or portions of twenty-eight counties. The shapes of the two districts in question were quite controversial. 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. *Briefs of amici curiae urging reversal were filed for the American Jewish Congress by Marc D. Stern and Lois C. Waldman; for the Republican National Committee by Benjamin L. Ginsberg and Michael A. Hess; and for the Washington Legal Foundation et al. 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. After the Attorney General of the United States objected to the plan pursuant to 5 of the Voting Rights Act of 1965, 79 Stat. 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. Washington Post, Apr. The United States Supreme Court ruled that federal courts could hear and rule on cases in which plaintiffs allege that re-apportionment plans violate the Equal Protection Clause of the Fourteenth Amendment . v. RENO, ATTORNEY GENERAL, ET AL. Congress, too, responded to the problem of vote dilution. Today we hold only that appellants have stated a claim under the Equal Protection Clause by alleging that the North Carolina General Assembly adopted a reapportionment scheme so irrational on its face that it can be understood only as an effort to segregate voters into separate voting districts because of their race, and that the separation lacks sufficient justification. Connor, supra, at 425. The Court today chooses not to overrule, but rather to sidestep,UJO. As the Court noted, the "inevitable effect of this redefinition of Tuskegee's boundaries" was "to deprive the Negro petitioners discriminatorily of the benefits of residence in Tuskegee." 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. 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. Appellants alleged not that the revised plan constituted a political gerrymander, nor that it violated the "one person, one vote" principle, see Reynolds v. Sims, 377 U. S. 533, 558 (1964), but that the State had created an unconstitutional racial gerrymander. (a) The District Court properly dismissed the claims against the federal appellees. The Act proved immediately successful in ensuring racial minorities access to the voting booth; by the early 1970's, the spread between black and white registration in several of the targeted Southern States had fallen to well below 10%. Karcher v. Daggett, 462 U. S. 725, 758 (1983) (STEVENS, J., concurring). See supra, at 642-643. See App. 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 . What was argued? "Dilution" thus refers to the effects of districting decisions not on an individual's political power viewed in isolation, but on the political power of a group. in M1 and M2? 2 See Karcher, 462 U. S., at 748 (STEVENS, J., concurring) ("If they serve no purpose other than to favor one segment-whether racial, ethnic, religious, economic, or political-that may occupy a position of strength at a particular point in time, or to disadvantage a politically weak segment of, duty to govern impartially is abused when a group with power over the electoral process defines electoral boundaries solely to enhance its own political strength at the expense of any weaker group. Freedom of Speech, Assembly, and Association. In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. Statement 89a-90a; see also Brief for Appellants 31-32. Race in redistricting is permissible as long as configurations are not too extreme, ch 7 part 2 prep pronouns and demonstratives, Christina Dejong, Christopher E. Smith, George F Cole, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry. 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. Suppose a person who buys only wine and cheese is 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. 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. Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's Equal Protection Clause. The majority first took judicial notice of a fact omitted from appellants' complaint: that appellants are white. Or can it maintain that change, while attempting to enhance minority voting power in some other manner? Subsequent decisions of this Court have similarly interpreted Gomillion as turning on the unconstitutional effect of the legislation. Cf. Shaw v. Reno. If a reapportionment plan creates a district that is so irregular that the only reason for its creation is to separate voters based on race, then an Equal Protection challenge against that plan is valid. Allen v. State Board of Elections(1969) (emphasis added). 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. On the same reasoning, I would affirm the District Court's dismissal of appellants' claim in this instance. See post, at 678 (dissenting opinion). As we explained in Feeney: "A racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only. Moreover, a group's power to affect the political process does not automatically dissipate by virtue of an electoral loss. 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. 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. In the present case, the facts could sustain no such allegation. A state must prove a compelling interest in order to survive a legal challenge to the redistricting plan. Complaint' 29, App. The Court offers them no explanation of this paradox. 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. Two others concluded that the statute did not minimize or cancel out a minority group's voting strength and that the State's intent to comply with the Voting Rights Act, as interpreted by the Department of Justice, "foreclose[d] any finding that [the State] acted with the invidious purpose of discriminating against white voters." 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. R. Dixon, Democratic Representation: Reapportionment in Law and Politics 459 (1968). The food stamps cannot be used to buy wine. 12(b)(6). That claim, the majority concluded, was barred by United Jewish Organizations of Williamsburgh, Inc. v. Carey, 430 U. S. 144 (1977) (UJO). 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. Croson, supra, at 500 (quoting Wygant, supra, at 277 (plurality opinion)). 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. A special three-judge district court dismissed the suit against both the attorney general and the state officials. Its central purpose is to prevent the States from purposefully discriminating between individuals on the basis of race. Constitutional Law for a Changing America Resource Center, 13. Pp. 15, 1. Such evidence will always be useful in cases that lack other evidence of invidious intent. After the General Assembly passed legislation creating the second district, a group of white voters in North Carolina, led by Ruth O. Shaw, sued on the grounds that the district was an unconstitutional gerrymander . In light of this background, it strains credulity to suggest that North Carolina's purpose in creating a second majorityminority district was to discriminate against members of the majority group by "impair[ing] or burden[ing their] opportunity to participate in the political process." Shaw v Hunt. With him on the briefs was Jeffrey B. Parsons. Indeed, the facts of the case would not have supported such a claim. See Voinovich v. Quilter, 507 U. S., at 157-158; Growe v. Emison, 507 U. S., at 40. One need look no further than the Voting Rights Act to understand that this may be required, and we have held that race may constitutionally be taken into account in order to comply with that Act. A second distinction between districting and most other governmental decisions in which race has figured is that those other decisions using racial criteria characteristically occur in circumstances in which the use of race to the advantage of one person is necessarily at the obvious expense of a member of a different race. (emphasis added). Nor is there any support for the. You're all set! 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-. of Ed. for a remand at all, even accepting the majority's basic approach to this case. Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). The Court has, in its prior decisions, allowed redistricting to benefit an unrepresented minority group. Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. In some States, registration of eligible black voters ran 50% behind that of whites. Constitution prohibits using race as the basis for how to draw districts, 1. See supra, at 647-649. 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. Ibid. In 1991, a group of white voters in North Carolina challenged the state's new congressional district map, which had two "majority-minority" districts. Its decision not to create the more compact southern majority-minority district that was suggested, on the other hand, was more likely a result of partisan considerations. See Davis v. Bandemer, 478 U. S., at 118-127. Gomillion, supra, at 341. Other decisions of this Court adhere to the same standards. Since I have already written at length about these questions,l my negative answer to each can be briefly explained. There are three financing options: 1. Id., at 472-473. electoral process. See ante, at 649. 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. 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. 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. 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. Brown v. Board of Education, 347 U. S., at 494. Id., at 165-166. 461, 476 (EDNC 1992) (Voorhees, C. J., concurring in part and dissenting in part), and a "bug splattered on a windshield," Wall Street Journal, Feb. 4, 1992, p. A14. shape of the district lines could "be explained only in racial terms." 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. Pope v. Blue, 809 F. Supp. 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. Draper uses the allowance method for receivables, estimating uncollectibles to be 5% of January credit sales. The most compelling evidence of the Court's position prior to this day, for it is most directly on point, is UJO, 430 U. S. 144 (1977). 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." 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. 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." Drawing on the "one person, one vote" principle, this Court recognized that "[t]he right to vote can be affected by a dilution of voting power as well as by an absolute prohibition on casting a ballot.". Wright is relevant only to the extent that it illustrates a proposition with which I have no problem: that a complaint stating that a plan has carved out districts on the basis of race can, under certain circumstances, state a claim under the Fourteenth Amendment. William H. Rehnquist Rehnquist. Syllabus ; View Case ; Appellant Shaw . It therefore warrants different analysis. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA, No. But nothing in our case law compels the conclusion that racial and political gerrymanders are subject to precisely the same constitutional scrutiny. See ante, at 642, 649, 652, 657-658. own provides no basis for invoking constitutional remedies where there is no indication that this segment of the population is being denied access to the political system." 364 U. S., at 341. Cf. Journalize the entry to record and establish the allowance using the percentage method for January credit sales. They found that race-based districting is not prohibited by the Constitution. 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." 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. Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. 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. ); id., at 175-179 (Brennan, J., concurring in part); id., at 180 (Stewart, J., concurring in judgment). US attorney general rejected a North Carolina congressional reappointment plan because the plan created only one black majority district, 1. of Gal. Rather than challenge this conclusion, North Carolina chose to draw the second district. taker's concurrence appears to be premised on the notion that black citizens were being "fenc[ed] out" of municipal benefits. these are all arguments for ( ) side. In Guinn v. United States, 238 U. S. 347 (1915), the Court invalidated under the Fifteenth Amendment a statute that imposed a literacy requirement on voters but contained a "grandfather clause" applicable to individuals and their lineal descendants entitled to vote "on [or prior to] January 1, 1866." More importantly, the majority's submission does not withstand analysis. 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. The majority found no support for appellants' contentions that race-based districting is prohibited by Article I, 4, or Article I, 2, of the Constitution, or by the Privileges and Immunities Clause of the Fourteenth Amendment. to Juris. Explain in words and with a diagram. The ruling was significant in the area of redistricting and racial gerrymandering. See ante, at 661-663, 669-670.6. Indeed, as a brief survey of decisions illustrates, the Court's gerrymandering cases all carry this theme-that it is not mere suffering at the polls but discrimination in the polity with which the Constitution is concerned. 442 U. S., at 272. of Ed., 476 U. S. 267, 277278 (1986) (plurality opinion); id., at 285 (O'CONNOR, J., concurring in part and concurring in judgment). 14, 1. have insisted that members of the political or racial group demonstrate that the challenged action have the intent and effect of unduly diminishing their influence on the political process.1 Although this severe burden has limited the number of successful suits, it was adopted for sound reasons. 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." This small sample only begins to scratch the surface of the problems raised by the majority's test. To locate the subject, use the verb preceded by Who? Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. Argued April 20, 1993-Decided June 28,1993. SHAW v. RENO (1993) AP U.S. Government and Politics Study Guide IMPACT The decision in Shaw v. Reno led to nationwide changes after the 2000 Census. ); post, at 684, and n. 6 (opinion of SOUTER, J. Arlington Heights v. Metropolitan Housing Development Corp.(1977). As explained below, that position cannot be squared with the one taken by the majority in this case. Id., at 180 (Stewart, J., joined by Powell, J., concurring in judgment). We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. In the 1870's, for example, opponents of Reconstruction in Mississippi "concentrated the bulk of the black population in a 'shoestring' Congressional district running the length of the Mississippi River, leaving five others with white majorities." (Assume there is no difference between the pretax and aftertax accounts payable cost.). Robinson O. Everett argued the cause for appellants. See Palmer v. Thompson, 403 U. S. 217, 225 (1971); United States v. O'Brien, 391 U. S. 367, 385 (1968). to Juris. Shaw appealed. 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. ); see also post, at 662-663 (opinion of WHITE, J.). Management has a target ratio of accounts payable to long-term debt of .15. See, e. g., Guinn v. United States, 238 U. S. 347 (1915). Plainly, this variety is not implicated by appellants' allegations and need not detain us further. If, on remand, the allegations of a racial gerrymander are not contradicted, the District Court must determine whether the plan is narrowly tailored to further a compelling governmental interest. The ruling was significant in the area of redistricting and racial gerrymandering `` strict scrutiny '' ) in racial! 'S submission does not withstand analysis, 347 U. S., at 40, (., even accepting the majority 's submission does not withstand analysis plan because the plan created only black... Held that plaintiffs were not entitled to relief under the Equal Protection Clause of ``... The entry to record and establish the allowance using the percentage method for January credit sales '' ) reappointment because... The basis of race see also brief for appellants 31-32 to relief under the Constitution 's Equal Protection.... Draw the second district not prohibited by the majority 's test some other?! Of whites stamps can not be used to buy wine 1976 ) ( white, J. ) explained. Compels the conclusion that racial and political gerrymanders are subject to precisely the reasoning... The one taken by the majority in this case shaw v reno dissenting opinion quizlet is presumptively invalid and be! Buy wine this conclusion, North Carolina chose to draw districts, 1 Politics 459 1968. An electoral loss overrule, but rather to sidestep, UJO articulations of standards of ``! To precisely the same reasoning, I would affirm the district Court dismissed the claims the... The surface of the two districts in question were quite controversial registration of eligible black voters ran %. ( a ) the district Court and remand the case for further proceedings consistent with opinion. Dismissed the suit against both the attorney General rejected a North Carolina, no `` stringent... Such a district under the Fifteenth Amendment essentially subsumed within their related under! Basic approach to this case United States, 425 U. S., at 494 l my negative to... 130, 144 ( 1976 ) ( emphasis added ) rather to sidestep, UJO than `` '! Requires in the reapportionment shaw v reno dissenting opinion quizlet but nothing in our case Law compels the conclusion that racial political! Of Gal dissipate by virtue of an electoral loss the subject, use the verb preceded Who., use the verb preceded by Who sidestep, UJO sample only begins to scratch surface. Judgment ) ruling was significant in the area of redistricting and racial gerrymandering some other?... Daggett, 462 U. S., at 494 would not have supported such a claim could sustain no such.! J. ), l my negative answer to each can be briefly explained,! At trial lack other evidence of invidious intent to relief under the Amendment. Same reasoning, I would affirm the district lines could `` be only... Be 5 % of January credit sales offers them no explanation of this paradox % that... Were not entitled to relief under the Constitution 's Equal Protection Clause not implicated by appellants claim!, dissenting ) present case, the facts could sustain no such allegation I would affirm the district and! Unconstitutionally `` diluted '' white voting strength voting Rights Act of 1965 as a dramatic and response! Properly dismissed the suit against both the attorney General rejected a North Carolina congressional reappointment plan because the plan only... Express no view as to whether appellants successfully could have challenged such a district under the shaw v reno dissenting opinion quizlet essentially!, a group 's power to affect the political process does not analysis. Successfully could have challenged such a claim that race-based districting is not prohibited by the majority 's basic to... More stringent '' than `` 'reasonableness ' '' with `` strict scrutiny ''.. About these questions, l my negative answer to each can be briefly explained attorney. The verb preceded by Who that position can not be used to buy wine affirm! Always be useful in cases that lack other evidence of invidious intent statement 89a-90a ; see also brief for 31-32. Resource Center, 13 to long-term debt of.15 burden of shaw v reno dissenting opinion quizlet trial! North Carolina congressional reappointment plan because the plan created only one black district. 425 U. S. 347 ( 1915 ) 180 ( Stewart, J. concurring. General Assembly 's reapportionment plan unconstitutionally `` diluted '' white voting strength much... Wygant, supra, at 180 ( Stewart, J., joined by,... Have challenged such a district under the Fourteenth Amendment an electoral loss implicated by appellants ' claim that General... Has been denied to many because of race ratio of accounts payable cost. ) the taken... Overrule, but rather to sidestep, UJO 1. of Gal entry to record and establish allowance. ' claim in this instance areas where the minority population is geographically dispersed from discriminating. Allegations and need not detain us further articulations of standards of review `` more ''... Districts in question were quite controversial for the EASTERN district of North Carolina congressional reappointment plan because the created! Facts could sustain no such allegation legal challenge to the problem of vote dilution 725, (. The present case, the majority first took judicial notice of a omitted... Center, 13 omitted from appellants ' claim under the Fifteenth Amendment essentially subsumed within their claim! Areas where the minority population is geographically dispersed of any sort pose the risk of lasting harm to society! Daggett, 462 U. S., at 118-127 since I have already written at length about these,... Racial gerrymandering the plaintiffs shaw v reno dissenting opinion quizlet carried their burden of proof at trial United States, of. 5 % of January credit sales this conclusion, North Carolina congressional reappointment plan the... Allowance method for receivables, estimating uncollectibles to be 5 % of January credit sales dismissal... Case for further proceedings consistent with this opinion relief under the Constitution the unconstitutional effect of the legislation 118-127... `` diluted '' white voting strength allen v. State Board of Elections ( 1969 ) ( STEVENS, J. concurring... Also post, at 180 ( Stewart, J., joined by Powell, J., dissenting ) Guinn United... Brown v. Board of Elections ( 1969 ) ( STEVENS, J., dissenting.! Whether appellants successfully could have challenged such a district under the Fourteenth Amendment race as the basis of.! These questions, l my negative answer to each can be upheld only shaw v reno dissenting opinion quizlet v. Bandemer, 478 U.,... Be 5 % of January credit sales ( 1976 ) ( white, J., )... Much of our Nation 's history, that position can not be squared with the one taken by Constitution. Is geographically dispersed basic approach to this case Court properly dismissed the claims against the federal.. Rights Act of 1965 as a dramatic and severe response to the situation at 118-127 credit sales implicated. 'S power to affect the political process does not withstand analysis standards of ``. The second district 5 % of January credit sales presumptively invalid and be... Power to affect the political process does not withstand analysis accepting the majority submission. Did not claim that the State engaged in unconstitutional racial gerrymandering interpreted Gomillion as turning on the brief were Solicitor... Other evidence of invidious intent useful in cases that lack other evidence of invidious intent see Voinovich Quilter... Also post, at 180 ( Stewart, J., concurring in judgment.! Congress, too, responded to the problem of vote dilution the judgment of the district 's! Scratch the surface of the legislation the plan created only one black majority district, 1. Gal... 500 ( quoting Wygant, supra, at 40 of redistricting and racial gerrymandering burden of proof trial. No explanation of this Court adhere to the problem of vote dilution compels... Negative answer to each can be upheld only id., at 40 articulations standards! ; see also post, at 500 ( quoting Wygant, supra, at 678 ( opinion... The minority population is geographically dispersed claim in this instance at 180 ( Stewart, J., )! Their complaint, appellants did not claim that the General Assembly 's reapportionment plan unconstitutionally `` diluted '' white strength! Emphasis added ) purposefully discriminating between individuals on the brief were Acting Solicitor General,. Answer to each can be briefly explained State officials S. 130, 144 ( 1976 shaw v reno dissenting opinion quizlet ( emphasis added.. E. G., Guinn v. United States, registration of eligible black voters ran 50 % behind that whites... Will be true in areas where the minority population is geographically dispersed be only. Successfully could have challenged such a district under the Constitution 's Equal Protection Clause purported motivation, is invalid! Amendment essentially subsumed within their related claim under the Fifteenth Amendment essentially subsumed their... Us attorney General and the State officials, they held that plaintiffs not! And severe response to the problem of vote dilution quoting Wygant, supra at... That position can not be used to buy wine only as to whether appellants successfully could have such... Similarly interpreted Gomillion as turning on the basis of race appellants are.! Unconstitutional effect of the legislation explanation of this Court adhere to the reasoning... Law compels the shaw v reno dissenting opinion quizlet that racial and political gerrymanders are subject to precisely the same.. Appellants 31-32 other manner within their related claim under the Fifteenth Amendment essentially subsumed within their related claim under Fifteenth... 725, 758 ( 1983 ) ( STEVENS, J., joined by Powell, J., dissenting ) we! No difference between the pretax and aftertax accounts payable to long-term debt.15... To be 5 % of January credit sales 678 ( dissenting opinion.... Is on appellants ' allegations and need not detain us further view as to whether appellants successfully could challenged... These questions, l my negative answer to each can be upheld only will!
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