Cf. 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. 3 Although Davis involved political groups, the principles were expressly drawn from the Court's racial gerrymandering cases. In our view, the District Court properly dismissed appellants' claims against the federal appellees. Croson, supra, at 493 (plurality opinion); UJO, supra, at 173 (Brennan, J., concurring in part) ("[E]ven in the pursuit of remedial objectives, an explicit policy of assignment by race may serve to stimulate our society's latent race consciousness, suggesting the utility and propriety of basing decisions on a factor that ideally bears no relationship to an individual's worth or needs"). After population gains tracked by the 1990 census, North Carolina was able to get a 12 th Congressional seat for the state. That claim, the majority concluded, was barred by United Jewish Organizations of Williamsburgh, Inc. v. Carey, 430 U. S. 144 (1977) (UJO). In Shaw v. Reno (1993), the U.S. Supreme Court questioned the use of racial gerrymandering in North Carolina's reapportionment plan. e., an intent to aggravate "the unequal distribution of electoral power." of Elections, 393 U. S. 544, 569 (1969) (emphasis added). After the 1990 census, the North Carolina General Assembly was entitled to a 12th seat in the U.S. House of Representatives and redrew its congressional districts to account for the changes in population. Race in redistricting is permissible as long as configurations are not too extreme. 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. 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). 8The black plaintiffs in Gomillion v. Lightfoot, 364 U. S. 339 (1960), I am confident, would have suffered equally had whites in Tuskegee sought to maintain their control by annexing predominantly white suburbs, rather than splitting the municipality in two. 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. BLACKMUN, J., post, p. 676, STEVENS, J., post, p. 676, and SOUTER, J., post, p. 679, filed dissenting opinions. Unlike other contexts in which we have addressed the State's conscious use of race, see, e.g.,Richmond v. J.A. to Juris. 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. Hence, I see no need. 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 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. 430 U. S., at 155 (plurality opinion) (emphasis added). See 364 U. S., at 341, 346. 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". 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. See post, at 679 (opinion of STEVENS, J. or What? SHAW ET AL. 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. See ante, at 642, 649, 652, 657-658. To comply with 5 of the Voting Rights Act of 1965-which prohibits a covered jurisdiction from implementing changes in a "standard, practice, or . The majority also rejected appellants' claim that North Carolina's reapportionment plan was impermissible. given $1,000\$1,000$1,000 in food stamps to supplement his $1,000\$1,000$1,000 Shaw v. Reno arose from a push to get greater representation for Black voters in North Carolina. to Brief for Federal Appellees lOa-lla. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. 408 (E.D.N.C. That it may be difficult to determine from the face of a single-member districting plan that it makes such a distinction does not mean that a racial gerrymander, once established, should receive less scrutiny than other legislation classifying citizens by race. It is ironic that it does so when white voters challenge a law that would have North Carolina send a black representative to Congress for the first time since Reconstruction, here is no constitutional requirement of compactness or contiguity for districts. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. What is the maximum temperature? Croson, supra, at 500 (quoting Wygant, supra, at 277 (plurality opinion)). United Jewish Organizations of Williamsburgh, Inc. v. Carey, 430 U. S. 144, 161-162 (1977) (UJO) (pluralityopinion of WHITE, J., joined by Brennan, BLACKMUN, and STEVENS, JJ. Briefs of amici curiae urging affirmance were filed for the Democratic National Committee et al. Cf. 12(b)(6). 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. Research* indicates that the body temperature T(t)T(t)T(t) (in C{ }^{\circ} \mathrm{C}C ) of patients with Alzheimer's disease fluctuates periodically over a 24-hour period according to the formula, T(t)=37.29+0.46cos[(t16.37)12]T(t)=37.29+0.46 \cos \left[\frac{\pi(t-16.37)}{12}\right] 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 authorizationNorth Carolina submitted to the Attorney General a congressional reapportionment plan with one majority-black district. Id., at 154, n. 14 (quoting Brief for Petitioners, O. T. 1976, No. What is the immediate change that the white voters who brought the suit could not prove they had been injured in any way by the redistricting plan, and second, that the redistricting plan was an attempt to equalize treatment by providing minority voters with an effective voice in the political process, not an attempt to strip voting power from a particular group. 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. Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district in North Carolina. where t(0t24)t(0 \leq t \leq 24)t(0t24) is the number of hours past midnight. of Oral Arg. Today, the Court recognizes a new cause of action under which a State's electoral redistricting plan that includes a configuration "so bizarre" that it "rationally cannot be understood as anything other than an effort to separate voters into different districts on the basis of race [without] sufficient justification" will be subjected to strict scrutiny. Location North Carolina General Assembly. Here, the Attorney General objected to the State's plan on the ground that it failed to draw a second majority-minority district for what appeared to be pretextual reasons. The facts of this case mirror those presented inUnited Jewish Organizations of Williamsburgh, Inc. v. Carey(1977) (UJO), where the Court rejected a claim that creation of a majority-minority district violated the Constitution, either as aper sematter or in light of the circumstances leading to the creation of such a district. 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. "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. 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." Supp., at 476-477 (Voorhees, C. J., concurring in part and dissenting in part). 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. Does the Equal Protection Clause prevent a State from drawing district boundaries for the purpose of. 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. 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. Earlier this Term, we unanimously reaffirmed that racial bloc voting and minority-group political cohesion never can be assumed, but specifically must be proved in each case in order to establish that a redistricting plan dilutes minority voting strength in violation of 2. In determining whether a use of race is permissible in cases in which there is a bizarrely shaped district, we can readily look to its effects, just as we would in evaluating any other electoral districting scheme. I have no doubt that a State's compliance with the Voting Rights Act clearly constitutes a compelling interest. to Juris. 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? 5-4 decision for Shaw majority opinion by Sandra Day O'Connor. Freedom of Speech, Assembly, and Association. An understanding of the nature of appellants' claim is critical to our resolution of the case. The Attorney General's interposition of a 5 objection "properly is viewed" as "an administrative finding of discrimination" against a racial minority. The District Court below relied on these portions of UJO to reject appellants' claim. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). 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). Laws that explicitly distinguish between individuals on racial grounds fall within the core of that prohibition. Gomillion, supra, at 341. Or can it maintain that change, while attempting to enhance minority voting power in some other manner? Rule Civ. But while district irregularities may provide strong indicia of a potential gerrymander, they do no more than that. These lawmakers are quite aware that the districts they create will have a white or a black majority; and with each new district comes the unavoidable choice as to the racial composition of the district." Significant changes in the area of redistricting and gerrymandering, 1. Syllabus ; View Case ; Appellant Shaw . Harry A. Blackmun Blackmun. With these considerations in mind, we have limited such claims by insisting upon a showing that "the political processes were not equally open to participation by the group in question-that its members had less opportunity than did other residents in the district to participate in the political processes and to elect legislators of their choice." 2. Under the General Assembly's plan, two will vote for congressional representatives in District 12 and three will vote in neighboring District 2. 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. 1 See Cousins v. City Council of Chicago, 466 F.2d 830, 848-852 (CA7) (Stevens, J., dissenting), cert. Because appellants here stated such a claim, the District Court erred in dismissing their complaint. For the reasons that follow, we conclude that appellants have stated a claim upon which relief can be granted under the Equal Protection Clause. 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." Court properly dismissed appellants ' claim for the Democratic National Committee et al Act clearly a... For Shaw majority opinion by Sandra Day O & # x27 ; Connor North became. Is permissible as long as configurations are not too extreme reject appellants ' claims against federal... An understanding of the 12th District in North Carolina that change, while attempting to enhance Voting! Use of race, see, e.g., Richmond v. J.A or can maintain! Voting Rights Act clearly constitutes a compelling interest a 12 th Congressional seat for the Democratic National et! 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