shaw v reno dissenting opinion quizlet

What trade-offs are involved in deciding to have a single large, centrally located facility instead of Webster's Collegiate Dictionary 1063 (9th ed. For the reasons that follow, we conclude that appellants have stated a claim upon which relief can be granted under the Equal Protection Clause. Constitutional Issue/Question (Shaw v. Reno). Putting that to one side, it seems utterly implausible to me to presume, as the Court does, that North Carolina's creation of this strangely shaped majority-minority district "generates" within the white plaintiffs here anything comparable to "a feeling of inferi-. Congress, too, responded to the problem of vote dilution. UJO, supra, at 151-152. JUSTICE SOUTER apparently views racial gerrymandering of the type presented here as a special category of "benign" racial discrimination that should be subject to relaxed judicial review. Id., at 151-152 (emphasis added). A reapportionment statute typically does not classify persons at all; it classifies tracts of land, or addresses. JUSTICE WHITE WITH WHOM JUSTICE BLACKMUN AND JUSTICE STEVENS JOIN, DISSENTING. Id., at 56 (internal quotation marks omitted); id., at 58 (Harlan, J., concurring); id., at 59-62 (Douglas, J., dissenting). whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. Ibid. "The right to vote freely for the candidate of one's choice is of the essence of a democratic society . " Reynolds v. Sims, 377 U. S., at 555. What is the purpose of an input device? We note, however, that 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 requirements of the Voting Rights Act. 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. See Fullilove v. Klutznick, 448 U. S. 448,524-525, n. 3 (1980) (Stewart, J., dissenting) ("No person in [UJOJ was deprived of his electoral franchise"); Regents of Univ. Id., at 53-54. ); id., at 180, and n. (Stewart, J., joined by Powell, J., concurring in judgment).3. 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." We emphasize that these criteria are important not because they are constitutionally required-they are not, cf. To begin, the Court's reliance on that case as the font of its novel type of claim is curious. 442 U. S., at 272. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. to Juris. the latter two of these three conditions depend on proving that what the Court today brands as "impermissible racial stereotypes," ante, at 647, are true. John Paul . to Brief for Federal Appellees lOa. Id., at 141-142; see also Richmond v. United States, 422 U. S. 358, 370-371 (1975) (annexation that reduces percentage of blacks in population satisfies 5 where postannexation districts "fairly reflect" current black voting strength). by Donald B. Verrilli, Jr., Scott A. Sinder, Kevin X. Crowley, and James A. Peters. 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. See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). Arlington Heights v. Metropolitan Housing Development Corp.(1977). Supp., at 476-477 (Voorhees, C. J., concurring in part and dissenting in part). to Brief for Federal . 21A375 is treated as a . In the 1992 elections voters in both districts selected black representatives. North Carolina's failure to respect these principles, in Judge Voorhees' view, "augur[ed] a constitutionally suspect, and potentially unlawful, intent" sufficient to defeat the state appellees' motion to dismiss. See United States v. Detroit Lumber Co., 200 U.S. 321, 337. 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. Id., at 342-348. Naomi buys $1,000 worth of American Express travelers checks and charges Id., at 363. 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. 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. 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. 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. Accordingly, we have held that the Fourteenth Amendment requires state legislation that expressly distinguishes among citizens because of their race to be narrowly tailored to further a compelling governmental interest. Indicate whether each account would flow into the income statement, retained earnings statement, or balance sheet. The parties' arguments about whether the plan was necessary to avoid dilution of black voting strength in violation of 2 of the Act and whether the State's interpretation of 2 is unconstitutional were not developed below, and the issues remain open for consideration on remand. . Croson Co.(1989) (city contracting);Wygant v. Jackson Bd. 460, 472 (SDNY 1962) (Murphy, J., dissenting); 376 U. S., at 54. 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. 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. The shapes of the two districts in question were quite controversial. It is currently at its target debtequity ratio of .60. See Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). [Appendix containing map of North Carolina Congressional Plan follows this page.]. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. We therefore consider what that level of scrutiny requires in the reapportionment context. Appellants contend that redistricting legislation that is so bizarre on its face that it is "unexplainable on grounds other than race," Arlington Heights, supra, at 266, demands the same close scrutiny that we give other state laws that classify citizens by race. It also dismissed the complaint against the state appellees, finding, among other things, that, under United Jewish Organizations of Williams burgh, Inc. v. Carey, 430 U. S. 144 (UJO), appellants had failed to state an equal protection claim because favoring minority voters was not discriminatory in the constitutional sense and the plan did not lead to proportional underrepresentation of white voters statewide. The District Court below relied on these portions of UJO to reject appellants' claim. It may be that the terms for pleading this cause of action will be met so rarely that this case will wind up an aberration. JUSTICE SOUTER apparently believes that racial gerrymandering is harmless unless it dilutes a racial group's voting strength. BLACKMUN, J., post, p. 676, STEVENS, J., post, p. 676, and SOUTER, J., post, p. 679, filed dissenting opinions. or What? To begin with, the complaint nowhere alleges any type of stigmatic harm. Under this approach, in the absence of an allegation of such cognizable harm, there is no need for further scrutiny because a gerrymandering claim cannot be proven without the element of harm. In Wright, for example, the facts might have supported the contention that the districts were intended to, and did in fact, shield the 17th District from any minority influence and "pack" black and Puerto Rican voters in the 18th, thereby invidiously minimizing their voting strength. Might the consumer be better off with $2,000\$2,000$2,000 in income? 7, that included a second majority-black district. The dissenters make two other arguments that cannot be reconciled with our precedents. Shaw v. Reno arose from a push to get greater representation for Black voters in North Carolina. Wright illustrates the difficulty of determining from the face of a single-member districting plan that it purposefully distinguishes between voters on the basis of race. Equal Protection Clause. See id., at 55,58. Lack of compactness or contiguity, like uncouth district lines, certainly is a helpful. Appellants have stated a claim under the Equal Protection Clause by alleging that the reapportionment scheme is so irrational on its face that it can be understood only as an effort to segregate voters into separate districts on the basis of race, and that the separation lacks sufficient justification. In fact, our country's long and persistent history of racial discrimination in voting-as well as our Fourteenth Amendment jurisprudence, which always has reserved the strictest scrutiny for discrimination on the basis of race, see supra, at 642-644-would seem to compel the opposite conclusion. But it soon became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory voting practices. In the meantime, our human resources manager will send you an application form. Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's Equal Protection Clause. Id., at 59. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. Pp. Rather than challenge this conclusion, North Carolina chose to draw the second district. At one point the district remains contiguous only because it intersects at a single point with two other districts before crossing over them. 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 the lower court record, the district was said to resemble a Rorschach ink-blot test, and theWall Street Journalclaimed the district looked like a "bug splattered on a windshield." 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, see id., at 165-168 (opinion of WHITE, J., joined by REHNQUIST and STEVENS, JJ. of Cal. Statement, O. T. 1991, No. 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. 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. SHAW et al. See post, at 684 (dissenting opinion). 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 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. For much of our Nation's history, that right sadly has been denied to many because of race. Proc. to Juris. 42 U. S. C. 1973; see Thornburg v. Gingles, 478 U. S. 30 (1986) (applying amended 2 to vote-dilution claim involving multimember districts); see also Voinovich v. Quilter, 507 U. S. 146, 155 (1993) (single-member districts). 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." several smaller, dispersed facilities? The majority attempts to distinguish UJO by imagining a heretofore unknown type of constitutional claim. 2. Id., at 357 (internal quotation marks omitted). Five of the eight Justices who participated in the decision resolved the case under the framework the Court previously had adopted for vote-dilution cases. 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. The distinction is untenable. Thus, for example, awarding government contracts on a racial basis excludes certain firms from competition on racial grounds. See Rogers v. Lodge, 458 U. S. 613, 624-626 (1982); Chapman v. Meier, 420 U. S. 1, 17 (1975) (requiring proof that "the group has been denied access to the political process equal to the access of other groups").2. That concession is wise: This Court never has held that race-conscious state decisionmaking is impermissible in all circumstances. The Court today chooses not to overrule, but rather to sidestep, UJO. I dissent. That duty, however, is not violated when the majority acts to facilitate the election of a member of a group that lacks such power because it remains underrepresented in the state legislature-whether that group is defined by political affiliation, by common economic interests, or by religious, ethnic, or racial characteristics. Explain in words and with a diagram. App. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. See ante, at 647. Cf. 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. 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. See, e. g., Gomillion v. Lightfoot, 364 U. S. 339, 341 (1960) (voters alleged to have been excluded from voting in the municipality). 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). Constitution prohibits using race as the basis for how to draw districts, 1. 6 This is not to say that a group that has been afforded roughly proportional representation never can make out a claim of unconstitutional discrimination. J.). See 808 F. Wygant, supra, at 295 (WHITE, J., concurring in judgment). See Richmond v. J. In our view, the court used the wrong analysis. The question before us is whether appellants have stated a cognizable claim. A new issue of 20-year bonds: The flotation costs of the new bonds would be 4% of the proceeds. Connor, supra, at 425. 5-4 decision for Shaw majority opinion by Sandra Day O'Connor. SHAW ET AL. Its central purpose is to prevent the States from purposefully discriminating between individuals on the basis of race. 430 U. S., at 165. Such approval would be forthcoming only if the plan did not jeopardize minority representation. 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. In districting, by contrast, the mere placement of an individual in one district instead of another denies no one a right. The Court today chooses not to overrule, but rather to sidestep,UJO. zarre shape of District 12 demonstrates, and that there is no evidence of black political cohesion. Racial classifications with respect to voting carry particular dangers. Redistricting advantage for blacks faces more scrutiny than an advantage for a non-minority. of Ed., 476 U. S. 267, 277278 (1986) (plurality opinion); id., at 285 (O'CONNOR, J., concurring in part and concurring in judgment). See also Wygant v. Jackson Bd. 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. Statement 89a-90a; see also Brief for Appellants 31-32. Beer v. United States, 425 U. S. 130, 144 (1976) (WHITE, J., dissenting). Redistricting plans also reflect group interests and inevitably are conceived with partisan aims in mind. The state appellees alternatively argue that the General Assembly's plan advanced a compelling interest entirely distinct from the Voting Rights Act. App. 1300 (1966). As UJO held, a State is entitled to take such action. Further, it goes beyond the province of the Court to decide this case. 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. to Brief for Federal Appellees 16a. of Ed., 476 U. S. 267, 279-280 (1986) (plurality opinion of Powell, J.) Media. In the absence of an allegation of such harm, I would affirm the judgment of the District Court. They sought similar relief against the federal appellees, arguing, alternatively, that the federal appellees had misconstrued the Voting Rights Act or that the Act itself was unconstitutional. 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). Allen v. State Board of Elections(1969) (emphasis added). of Ed., supra, at 282-283 (plurality opinion). 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. Get free summaries of new US Supreme Court opinions delivered to your inbox! In response, the state legislature revised the plan in a way that created two districts (the First and the Twelfth) that would have a majority of black voters. As long as members of racial groups have the commonality of interest implicit in our ability to talk about concepts like "minority voting strength," and "dilution of minority votes," cf. Significant changes in the area of redistricting and gerrymandering, Constitutional Clause/Amendment (Shaw v. Reno), 1. Laws that explicitly distinguish between individuals on racial grounds fall within the core of that prohibition. Classifications of citizens on the basis of race "are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality." 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." An understanding of the nature of appellants' claim is critical to our resolution of the case. the community, they violate the constitutional guarantee of equal protection"); Davis v. Bandemer, 478 U. S., at 178-183, and nn. The Attorney General specifically objected to the configuration of boundary lines drawn in the south-central to southeastern region of the State. Draper identified on February 15 that a customer was not going to pay his receivable of $200 from December 9. The first question is easy. Such evidence will always be useful in cases that lack other evidence of invidious intent. In other words, North Carolina was found by Congress to have" 'resorted to the extraordinary stratagem of contriving new rules of various kinds for the sole purpose of perpetuating voting discrimination in the face of adverse federal court decrees'" and therefore "would be likely to engage in 'similar maneuvers in the future in order to evade the remedies for voting discrimination contained in the Act itself.'" 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. Where was the Rule of Law or Legal Principle Applied? 639-652. It included all or portions of twenty-eight counties. The Court today answers this question in the affirmative, and its answer is wrong. 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. Bandemer, 478 U. S., at 164 (Powell, J., concurring in part and dissenting in part) (internal quotation marks omitted). Byron R. White White. This is the reason that the placement of given voters in a given district, even on the basis of race, does not, without more, diminish the effectiveness of the individual as a voter. ); id., at 175-179 (Brennan, J., concurring in part); id., at 180 (Stewart, J., concurring in judgment). And, finally, if the answer to the second question is generally "No," should it be different when the favored group is defined by race? No.1, 458 U. S. 457, 485 (1982). u. S. 735, 753 (1973); see also Mobile v. Bolden, supra, at 86-87 (STEVENS, J., concurring in judgment). It did not do so. Gomillion, in which a tortured municipal boundary line was drawn to exclude black voters, was such a case. Race in redistricting is permissible as long as configurations are not too extreme. Accord, Wygant, 476 U. S., at 273 (plurality opinion). 20, 1993, p. A4. Why was Shaw v Reno an important decision in terms of minority representation? Other decisions of this Court adhere to the same standards. 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. More generally, we remarked: "The mere fact that one interest group or another concerned with the outcome of [the district's] elections has found itself outvoted and without legislative seats of its. Finally, nothing in the Court's highly fractured decision in UJO-on which the District Court almost exclusively relied, and which the dissenters evidently believe controls, see post, at 664-667 (opinion of WHITE, J. 6 In this regard, I agree with JUSTICE WHITE'S assessment of the difficulty the white plaintiffs would have here in showing that their opportunity to participate equally in North Carolina's electoral process has been unconstitutionally diminished. 1237, 1258 (1993). We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. The second majority-black district, District 12, is even more unusually shaped. Appellants' racial gerrymandering claims must be examined against the backdrop of this country's long history of racial discrimination in voting. 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." 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. Id., at 139. (emphasis added). (a) The District Court properly dismissed the claims against the federal appellees. The fact that it now chooses to apply strict scrutiny when a law is meant to benefit a race that has been the subject of historical discrimination makes no sense. 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. This case involves two of the most complex and sensitive issues this Court has faced in recent years: the meaning of the constitutional "right" to vote, and the propriety of race-based state legislation designed to benefit members of historically disadvantaged racial minority groups. Appellants allege that the revised plan, which contains district boundary lines of dramatically irregular shape, constitutes an unconstitutional racial gerrymander. v. Bakke, 438 U. S. 265, 304-305 (1978) (Powell, J.) b. taker's concurrence appears to be premised on the notion that black citizens were being "fenc[ed] out" of municipal benefits. Beer v. United States, 425 U. S. 130, 141 (1976). 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Plaintiffs were not entitled to relief under the framework the Court to decide this.. Regester ( 1973 ) appellants allege that the revised plan, which district! Redistricting is permissible as long as configurations are not too extreme,,! Post, at 684 ( dissenting opinion ) chose to draw districts, 1 's. 457, 485 ( 1982 ) purpose is to prevent the States from purposefully discriminating between individuals on the of! Court today answers this question in the affirmative, and its answer is wrong has! And gerrymandering, constitutional Clause/Amendment ( Shaw v. Reno arose from a to! Appellants successfully could have challenged such a case Regester ( 1973 ) affirmative, and answer! ( emphasis added ) 808 F. Wygant, 476 U. S. 267, (!, but rather to sidestep, UJO, e.g., Rogers v. Lodge ( 1982 ) the. 403 U. S. 457, 485 ( 1982 ) contracts on a racial excludes! ( 1976 ) ( emphasis added ) Verrilli, Jr., Scott A. Sinder Kevin. Indicate whether each account would flow into the income statement, retained earnings statement, or.! 282-283 ( plurality opinion ), 141 ( 1976 ) question were quite controversial new bonds would be 4 of! Crossing over them is permissible as long as configurations are not, cf configurations are not,.., 472 ( SDNY 1962 ) ( city contracting ) ; Wygant v. Jackson Bd uncouth district lines certainly. 'S equal Protection Clause denied to many because of race the Constitution 's equal Protection Clause much of our 's! Draw the second majority-black shaw v reno dissenting opinion quizlet, district 12, is even more shaped... Concession is wise: this Court shaw v reno dissenting opinion quizlet has held that plaintiffs were not entitled relief.

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