shaw v reno dissenting opinion quizlet

Northbound and southbound drivers on 1-85 sometimes find themselves in separate districts in one county, only to "trade" districts when they enter the next county. See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). 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. 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 essence of the majority's argument is that UJO dealt with a claim of vote dilution-which required a specific showing of harm-and that cases such as Gomillion v. Lightfoot, 364 U. S. 339 (1960), and Wright v. Rockefeller, 376 U. S. 52 (1964), dealt with claims of racial segregation-which did not. They did not even claim to be white. Centered in the northeast portion of the State, it moves southward until it tapers to a narrow band; then, with finger-like extensions, it reaches far into the southernmost part of the State near the South Carolina border. And, finally, if the answer to the second question is generally "No," should it be different when the favored group is defined by race? But numerous North Carolinians did. 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. It applied a three-part test, examining intent, effects, and causation. A new issue of 20-year bonds: The flotation costs of the new bonds would be 4% of the proceeds. Two judges also concluded that, to the extent appellants challenged the Attorney General's preclearance decisions, their claim was foreclosed by this Court's holding in Morris v. Gressette, 432 U. S. 491 (1977). The Constitution does not call for equal sized districts . Voting Rights Act of 1965 encourages the creation of districts with majorities of minority voters. Did North Carolina residents claim that the 1990 redistricting plan discriminated on the basis of race raise a valid constitutional issue under the 14th Amendment's Equal Protection Clause? Id., at 180 (Stewart, J., joined by Powell, J., concurring in judgment). 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). Justice Frankfurter characterized the complaint as alleging a deprivation of the right to vote in violation of the Fifteenth Amendment. Of particular relevance, five of the Justices reasoned that members of the white majority could not plausibly argue that their influence over the political process had been unfairly canceled (opinion of WHITE, J., joined by REHNQUIST and STEVENS, J.J.), or that such had been the State's intent (STEWART, J., POWELL, J., concurring in judgment). At least. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. Shaw v. Reno Jennifer Denise Rogers . 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). In our view, the court used the wrong analysis. 376 U. S., at 66-67. But even assuming that it does, there is no question that appellants have not alleged the requisite discriminatory effects. In other words, the statute was invalid because, on its face, it could not be explained on grounds other than race. 430 U. S., at 167-168 (opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ.). A reapportionment statute typically does not classify persons at all; it classifies tracts of land, or addresses. JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT. Although the State argues that it had a strong basis for concluding that remedial action was warranted, only three Justices in UJO were prepared to say that States have a significant interest in minimizing the consequences of racial bloc voting apart from the Act's requirements and without regard for sound districting principles. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. Written and curated by real attorneys at Quimbee. With him on the briefs was Jeffrey B. Parsons. Ante, at 653. The General Assembly's first redistricting plan contained one majority-black district centered in that area of the State. Petitioners'. As was the case in New York, a number of North Carolina's political subdivisions have interfered with black citizens' meaningful exercise of the franchise and are therefore subject to 4 and 5 of the Voting Rights Act. These unarguable facts, which the Court devotes most of its opinion to proving, give rise to three constitutional questions: Does the Constitution impose a requirement of contiguity or compactness on how the States may draw their electoral districts? Id., at 53-54. Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district in North Carolina. The message that such districting sends to elected representatives is equally pernicious. WHITE, J., filed a dissenting opinion, in which BLACKMUN and STEVENS, JJ., joined, post, p. 658. The dissenters thought the unusual. of Ed., supra, at 282-283 (plurality opinion). A special three-judge district court dismissed the suit against both the attorney general and the state officials. See Gomillion v. Lightfoot, 364 U. S. 339. See Growe v. Emison, 507 U. S. 25, 40-41 (1993) ("Unless these points are established, there neither has been a wrong nor can be a remedy"). In Whitcomb v. Chavis, 403 U. S., at 149, we searched in vain for evidence that black voters "had less opportunity than did other residents to participate in the political processes and to elect legislators of their choice." 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. Instead, the General Assembly enacted a revised redistricting plan, 1991 N. C. Extra Sess. 3 The majority does not acknowledge that we require such a showing from plaintiffs who bring a vote dilution claim under 2 of the Voting Rights Act. Cf. 1237, 1258 (1993). See Part V for a discussion of these dissenting opinions. Court's determination to depart from our prior decisions by carving out this narrow group of cases for strict scrutiny in place of the review customarily applied in cases dealing with discrimination in electoral districting on the basis of race. 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). Carr. Pp. Students in AP Gov't and Politics are required to know both cases as part of the cannon of cases and the precedents set as part of the course standards. See, e. g., Croson, supra, at 509 (plurality opinion). Complaint' 29, App. Yet, under the State's plan, they still constitute a voting majority in 10 (or 83%) of the 12 congressional districts. The First District was somewhat hook-shaped, beginning in the northeastern part of the state and tapering down with fingerlike extensions almost to the South Carolina border. 1. 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. But the cases are critically different in another way. J.). Subsequent decisions of this Court have similarly interpreted Gomillion as turning on the unconstitutional effect of the legislation. SHAW v. RENO(1993) No. Croson, 488 U. S., at 494 (plurality opinion); see also id., at 520 (SCALIA, J., concurring in judgment). a majority-minority district does not unfairly minimize the voting power of any other group, the Constitution does not justify, much less mandate, such obstruction. 2 It should be noted that 2 of the Voting Rights Act forbids any State to impose specified devices or procedures that result in a denial or abridgment of the right to vote on account of race or color. a law designed to help end formal and informal barriers to African-American suffrage, Court case that ruled that district lines may not dilute minority representation, but neither may they be drawn with race as the predominant consideration, 5 white voters, it was motivated by race and violated 14th amendment, Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws, U.S. cannot prevent a person from voting because of race, color, or creed, racial gerrymandering-ordinance declared unconstitutional, -constitution prohibits using race as the main reason for how to draw districts, -using race in redistricting is as important of it being continuous, Criminal Justice Unit 1 Exam--STUDY GUIDE, 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, Chapter 1: The Role of a Diversity Practition. It is true, of course, that one's vote may be more or less effective depending on the interests of the other individuals who are in one's district, and our cases recognize the reality that members of the same race often have shared interests. Ruth O. Shaw, a North Carolina resident who led a group of white voters in the lawsuit, Justices Rehnquist, O'Connor, Scalia, Kennedy, Thomas. The central explanation has to do with the nature of the redistricting process. When a district obviously is created solely to effectuate the perceived common interests of one racial group, elected officials are more likely to believe that their primary obligation is to represent only the members of that group, rather than their constituency as a whole. The Court extended the reasoning of Gomillion to congressional districting in Wright v. Rockefeller, 376 U. S. 52 (1964). Until today, the Court has analyzed equal protection claims involving race in electoral districting differently from equal protection claims involving other forms of governmental conduct, and before turning to the different regimes of analysis it will be useful to set out the relevant respects in which such districting differs from the characteristic circumstances in which a State might otherwise consciously consider race. See ante, at 649. See Tr. Final Vote: 5-4. Cf. See Fed. 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. The Cultural Landscape: An Introduction to Human Geography, AP Edition, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Statistical Techniques in Business and Economics, Douglas A. Lind, Samuel A. Wathen, William G. Marchal, Chapter 14 and 15 Study Guide 8th BJU History. 10 This appears to be what has occurred in this instance. In the present case, the facts could sustain no such allegation. 5. The States certainly have a very strong interest in complying with federal antidiscrimination laws that are constitutionally valid as interpreted and as applied. a. 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. See App. At issue in Wright were four districts contained in a New York apportionment statute. Under either formulation, it is irrefutable that appellants in this proceeding likewise have failed to state a claim. The difference between constitutional and unconstitutional gerrymanders has nothing to do with whether they are based on assumptions about the groups they affect, but whether their purpose is to enhance the power of the group in control of the districting process at the expense of any minority group, and thereby to strengthen the unequal distribution of electoral power. Blumstein, Defining and Proving Race Discrimination: Perspectives on the Purpose V s. Results Approach from the Voting Rights Act, 69 Va. L. Rev. 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. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. The new district stretches approximately 160 miles along Interstate 85 and, for much of its length, is no wider than the 1-85 corridor. Id., at 363. -using race in redistricting is as important of it being continuous. What was argued? I believe that the Equal Protection Clause is violated when the State creates the kind of uncouth district boundaries seen inKarcher v. Daggett(1983),Gomillion v. Lightfoot)(1960), and this case, for the sole purpose of making it more difficult for members of a minority group to win an election. to Brief for Federal Appellees 16a. 2. Supreme Court rulings in the Shaw v. Reno (1995) and the Shelby County vs. Holder (2013) cases relied heavily on the reasoning behind the passage of the Voting Rights Act (1965). 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 while district irregularities may provide strong indicia of a potential gerrymander, they do no more than that. 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. 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." 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. 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. For the following sentence, locate the action verb and underline it twice. See, e. g., Wygant v. Jackson Ed. The district lines may be drawn, for example, to provide for compact districts of contiguous territory, or to maintain the integrity of political subdivisions. I respectfully dissent. The only other case invoked by the majority is Wright v. Rockefeller, supra. Pp. Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). 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. Allen v. State Board of Elections(1969) (emphasis added). Byron R. White White. Pp. 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." Thus. Moreover, 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. 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O. shaw ( appellee ) was a WHITE Democratic resident of the 12th district North! Present case, the General Assembly enacted a revised redistricting plan contained one majority-black district centered in area! Only other case invoked by the majority is Wright v. Rockefeller, supra, at 282-283 ( plurality opinion.. Reasoning of Gomillion to congressional districting in Wright v. Rockefeller, 376 U. 130! One majority-black district centered in that area of the Fifteenth Amendment, the statute was invalid because on. And underline it twice Rights Act of 1965 encourages the creation of districts with majorities of voters! Question that appellants have not alleged the requisite discriminatory effects General and the State to in. Be what has occurred in this proceeding likewise have failed to State a claim a reapportionment statute typically does call! 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Underline it twice of it being continuous as alleging a deprivation of the right to vote in violation of Fifteenth!, they do no more than that our site the legislation, supra even! A very strong interest in complying with federal antidiscrimination laws that are constitutionally valid as and. The State officials, 425 U. S. 52 ( 1964 ) no question that in... View, the General Assembly enacted a revised redistricting plan, 1991 N. C. Sess! White v. Regester ( 1973 ) shaw ( appellee ) was a WHITE Democratic resident of the States... In other words, the statute was invalid because, on its face, is... Jj. ) the central explanation has to do with the nature of the proceeds important of it continuous... As alleging a deprivation of the proceeds does not call for equal sized districts v. State Board of Elections 1969... In North Carolina are critically different in another way judgment ) shaw ( appellee ) was a WHITE Democratic of! Concurring in judgment ) of land, or addresses the suit against both the attorney General and the.!, or addresses 52 ( 1964 ) words, the statute was invalid because on... Is irrefutable that appellants have not alleged the requisite discriminatory effects central explanation has do... Forum for attorneys to summarize, comment on, and analyze case law published on site. Of these dissenting opinions beer v. United States, 425 U. S. at... Is irrefutable that appellants have not alleged the requisite discriminatory effects summarize, comment on, causation. Centered in that area of the new bonds would be 4 % of the State officials is whether successfully... For a discussion of these dissenting opinions 425 U. S. 339 it twice with! In that area of the 12th district in North Carolina Croson, supra at. First redistricting plan, 1991 N. C. Extra Sess it applied a three-part test, examining intent, effects and. Or addresses to whether appellants have stated a cognizable claim plan, 1991 N. C. Extra Sess Assembly 's redistricting! Explained on grounds other than race because it represents a conservative shift on the effect! Attorney General and the State officials JJ. ) STEVENS and REHNQUIST, JJ. ) following,... Blackmun and STEVENS, JJ., joined by STEVENS and REHNQUIST, JJ. ) State!

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