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. In that regard, it closely resembles the present case. Indicate whether each account would flow into the income statement, retained earnings statement, or balance sheet. 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." Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's Equal Protection Clause. 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"). You're all set! When a newly created district cannot be explained by means other than race, it is subject to strict scrutiny. 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." See App. JUSTICE WHITE describes the formulations we have used and the common categories of dilutive practice in his dissenting opinion. It was a function of the type of injury upon which the Court insisted. The Court held that members of a racial minority group claiming 2 vote dilution through the use of multimember districts must prove three threshold conditions: that the minority group "is sufficiently large and geographically compact to constitute a majority in a single-member district," that the minority group is "politically cohesive," and that "the white majority votes sufficiently as a bloc to enable it usually to defeat the minority's preferred candidate." APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA, No. They did not even claim to be white. burden of demonstrating that the plan was meant to, and did in fact, exclude an identifiable racial group from participation in the political process. Even if racial distribution was a factor, no racial group can be said to have been "segregated"-i. e., "set apart" or "isolate[d]." Another of the weapons in the States' arsenal was the racial gerrymander-"the deliberate and arbitrary distortion of district boundaries for [racial] purposes." The dissenters thought the unusual. and by him referred to the Court in No. T. HOMAS. Gomillion, in which a tortured municipal boundary line was drawn to exclude black voters, was such a case. Wright involved a challenge to a legislative plan that created four districts. Nor was it ever in doubt that "the State deliberately used race in a purposeful manner." Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district in North Carolina. Photochronograph Corporation (PC) manufactures time series photographic equipment. 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. 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. 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. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. 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. 1 See Cousins v. City Council of Chicago, 466 F.2d 830, 848-852 (CA7) (Stevens, J., dissenting), cert. Washington v. Davis(1976). Accordingly, we have asked that an identifiable group demonstrate more than mere lack of success at the polls to make out a successful gerrymandering claim. 92-357. 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. 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. 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." Yes; the Court agreed that the shape of the proposed district was so odd that there was no compelling explanation for its shape other than separating voters by race. 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. 7 I borrow the term "segregate" from the majority, but, given its historical connotation, believe that its use is ill advised. 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. 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. For much of our Nation's history, that right sadly has been denied to many because of race. Cf. ("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). 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. Thus, if appellants' allegations of a racial gerrymander are not contradicted on remand, the District Court must determine whether the General Assembly's reapportionment plan satisfies strict scrutiny. No inquiry into legislative purpose is necessary when the racial classification appears on the face of the statute. 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. 3. 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." 92-357 Argued: April 20, 1993 Decided: June 28, 1993. upon an extraordinary justification. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. 4 The majority's use of "segregation" to describe the effect of districting here may suggest that it carries effects comparable to school segregation making it subject to like scrutiny. the community, they violate the constitutional guarantee of equal protection"); Davis v. Bandemer, 478 U. S., at 178-183, and nn. See, e. g., Wygant v. Jackson Bd. As explained below, that position cannot be squared with the one taken by the majority in this case. b. of Oral Arg. 5. Consider that PC has a 35% tax rate. Since I have already written at length about these questions,l my negative answer to each can be briefly explained. Again, in White v. Regester, supra, the same criteria were used to uphold the District Court's finding that a redistricting plan was unconstitutional. To be sure, as the Court says, it would be logically possible to apply strict scrutiny to these cases (and to uphold those uses of race that are permissible), see ante, at 653-657. UJO concerned New York's revision of a reapportionment plan to include additional majority-minority districts in response to the Attorney General's denial of administrative preclearance under 5. See post, at 679 (opinion of STEVENS, J. (Assume there is no difference between the pretax and aftertax accounts payable cost.). 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. Washington v. Davis, 426 U. S. 229, 239 (1976). At one point the district remains contiguous only because it intersects at a single point with two other districts before crossing over them. A. Croson Co., supra, at 493; see also Fullilove v. Klutznick, 448 U. S. 448, 484 (1980) (opinion of Burger, C. By this, I meant that the group must exhibit "strong indicia of lack of political power and the denial of fair representation," so that it could be said that it has "essentially been shut out of the political process." The District Court in Pope dismissed appellants' claim, reasoning in part that "plaintiffs do not allege, nor can they, that the state's redistricting plan has caused them to be 'shut out of the political process.''' But it soon became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory voting practices. Id., at 363. Second, JUSTICE STEVENS argues that racial gerrymandering poses no constitutional difficulties when district lines are drawn to favor the minority, rather than the majority. It included all or portions of twenty-eight counties. 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. 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