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). See post, at 679 (opinion of STEVENS, J. 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. BLACKMUN, J., post, p. 676, STEVENS, J., post, p. 676, and SOUTER, J., post, p. 679, filed dissenting opinions. Traditional civil rights groups--the NAACP Legal Defense Fund, Lawyers' Committee for Civil Rights Under Law, and the Mexican American Legal Defense Fund--submitted amicus curiae briefs in favor of the minority districts, and groups with long histories of opposition to quota programs--Washington Legal Foundation and the American Jewish Congress--argued against them. They contend that the State's black population is too dispersed to support two geographically compact majority-black districts, as the bi-. claim in UJO was that the State had "violated the Fourteenth and Fifteenth Amendments by deliberately revising its reapportionment plan along racial lines." 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. The company raises all equity from outside financing. 808 F. Increased use of accounts payable financing: Because this financing is part of the companys ongoing daily business, it has no flotation costs, and the company assigns it a cost that is the same as the overall firm WACC. Gomillion, supra, at 341. A reapportionment statute typically does not classify persons at all; it classifies tracts of land, or addresses. by Donald B. Verrilli, Jr., Scott A. Sinder, Kevin X. Crowley, and James A. Peters. Rule Civ. North Carolina's decision to create a majority-minority district can be explained as an attempt to meet this objection. 7 I borrow the term "segregate" from the majority, but, given its historical connotation, believe that its use is ill advised. Whites constitute roughly 76% of the total population and 79% of the voting age population in North Carolina. Ibid. Under the three-part test established by Thornburg v. Gingles, 478 U. S. 30, 50-51 (1986), a minority group must show that it could constitute the majority in a single-member district, "that it is politically cohesive," and "that the white majority votes sufficiently as a bloc to enable it usually to defeat the minority's preferred candidate." Appellants stated an equal protection claim by alleging that North Carolina's reapportionment scheme was so irrational on its face that it could be understood only as an effort to segregate voters based on race, and that separation lacks sufficient justification. See, e. g., Gomillion v. Lightfoot, 364 U. S. 339, 341 (1960) (voters alleged to have been excluded from voting in the municipality). The case established that any legislative redistricting must be strictly scrutinized and that any laws related to racially motivated redistricting must be held to narrow standards and The plan amounts to unconstitutional discrimination on the basis of race 3.District 12 is not compact or contiguous which are criteria for district maps 4. Written and curated by real attorneys at Quimbee. Finally, we must ask whether otherwise permissible redistricting to benefit an underrepresented minority group becomes impermissible when the minority group is defined by its race. John Paul . JOHN H. MERRILL, ALABAMA SECRETARY OF STATE, ET AL. See Appendix, infra. 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. indicator that some form of gerrymandering (racial or other) might have taken place and that "something may be amiss." In our view, the District Court properly dismissed appellants' claims against the federal appellees. -the shape of the district was not compact or contiguous. 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. 1 It has been argued that the required showing of discriminatory effect should be lessened once a plaintiff successfully demonstrates intentional discrimination. 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. 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. See 364 U. S., at 341, 346. It deemed appellants' claim under the Fifteenth Amendment essentially subsumed within their related claim under the Equal Protection Clause. For much of our Nation's history, that right sadly has been denied to many because of race. Id., at 56 (internal quotation marks omitted); id., at 58 (Harlan, J., concurring); id., at 59-62 (Douglas, J., dissenting). Cf. The largest concentrations of black citizens live in the Coastal Plain, primarily in the northern part. (referring variously to "strict scrutiny," "the standard of review employed in Wygant," and "heightened scrutiny"); id., at 520 (SCALIA, J., concurring in judgment) ("strict scrutiny"); id., at 535 (Marshall, J., dissenting) (classifications" 'must serve important governmental objectives and must be substantially related to achievement of those objectives'" (quoting Regents of Univ. Docket no. 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. Supp., at 467. Appellants contend that redistricting legislation that is so bizarre on its face that it is "unexplainable on grounds other than race,"Arlington Heights, demands the same close scrutiny that we give other state laws that classify citizens by race. Id., at 349. The fact that a demonstration of discriminatory effect was required in that case was not a function of the kind of claim that was made. Indeed, the Voting Rights Act and our case law make clear that a reapportionment plan that satisfies 5 still may be enjoined as unconstitutional. See ante, at 642-643. See ante, at 634-635. 808 F. 506 U. S. 1019 (1992). See UJO, 430 U. S., at 165-166 (plurality opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ. An understanding of the nature of appellants' claim is critical to our resolution of the case. The Equal Protection Clause of the Constitution, surely, does not stand in the way. Id., at 139. Cf. As for representative democracy, I have difficulty seeing how it is threatened (indeed why it is not, rather, enhanced) by districts that are not even alleged to dilute anyone's vote. 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. Finally, we must ask whether otherwise permissible redistricting to benefit an underrepresented minority group becomes impermissible when the minority group is defined by its race. In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. 639-652. Harry A. Blackmun Blackmun. 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. I add these comments to emphasize that the two critical facts in this case are undisputed: First, the shape of District 12 is so bizarre that it must have been drawn for the purpose of either advantaging or disadvantaging a cognizable group of voters; and, second, regardless of that shape, it was drawn for the purpose of facilitating the election of a second black representative from North Carolina. Constitutional Issue/Question (Shaw v. Reno). 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. 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? In whatever district, the individual voter has a right to vote in each election, and the election will result in the voter's representation. Shaw v. Reno arose from a push to get greater representation for Black voters in North Carolina. The Attorney General's interposition of a 5 objection "properly is viewed" as "an administrative finding of discrimination" against a racial minority. See Powers v. Ohio, 499 U. S. 400, 410 (1991) ("It is axiomatic that racial classifications do not become legitimate on the assumption that all persons suffer them in equal degree"). Washington v. Davis, 426 U. S. 229, 239 (1976). 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. Id., at 53-54. Where was the Rule of Law or Legal Principle Applied? 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-. See Part V for a discussion of these dissenting opinions. ON APPLICATIONS FOR STAYS OR INJUNCTIVE RELIEF [February 7, 2022] The application for a stay or injunctive relief presented to J. USTICE . of Cal. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA, No. Gaffney, 412 U. S., at 752, n. 18; see ante, at 647. 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. We have considered the constitutionality of these practices in other Fourteenth Amendment cases and have required plaintiffs to demonstrate that the challenged practice has the purpose and effect of diluting a racial group's voting strength. Tr. Some 90 years later, Alabama redefined the boundaries of the city of Tuskegee "from a square to an uncouth twenty-eight-sided figure" in a manner that was alleged to exclude black voters, and only black voters, from the city limits. 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. 439, as amended, 42 U. S. C. 1973c, the General Assembly passed new legislation creating a second majority-black district. Reno. Shaw appealed. But as JUSTICE WHITE points out, see ante, at 672 (dissenting opinion), and as the Court acknowledges, see ante, at 647, we have held that such principles are not constitutionally required, with the consequence that their absence cannot justify the distinct constitutional regime put in place by the Court today. Respondent Argument (Reno) 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. T(t)=37.29+0.46cos[12(t16.37)]. Though they might be dissatisfied at the prospect of casting a vote for a losing candidate-a lot shared by many, including a disproportionate number of minor-, its black citizens with respect to their exercise of the voting franchise from approximately 1900 to 1970 by employing a poll tax [and] a literacy test. See App. The majority also rejected appellants' claim that North Carolina's reapportionment plan was impermissible. See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). 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. Brief for State Appellees 5, n. 6. In that regard, it closely resembles the present case. It also will be true where the minority population is not scattered but, for reasons unrelated to racefor example incumbency protection-the State would rather not create the majority-minority district in its most "obvious" location.10 When, as is the case here, the creation of. Shortly after the complaint in Pope v. Blue was filed, appellants instituted the present action in the United States District Court for the Eastern District of North Carolina. I respectfully dissent. The second majority-black district, District 12, is even more unusually shaped. enough enclaves of black neighborhoods." It is unnecessary for us to decide whether or how a reapportionment plan that, on its face, can be explained in nonracial terms successfully could be challenged. . Appellants allege that the revised plan, which contains district boundary lines of dramatically irregular shape, consti-. The District Court below relied on these portions of UJO to reject appellants' claim. He read JUSTICE WHITE'S opinion in UJO to authorize race-based reapportionment only when the State employs traditional districting principles such as compactness and contiguity. At-large and multimember schemes, however, do not classify voters on the basis of race. (a) The District Court properly dismissed the claims against the federal appellees. Croson, 488 U. S., at 494 (plurality opinion); see also id., at 520 (SCALIA, J., concurring in judgment). Even so, the individual's right is infringed only if the racial minority can prove that it has 'essentially been shut out of the political process.''' We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. The General Assembly enacted a reapportionment plan that included one majority-black congressional district. 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. The consideration of race in "segregation" cases is no different than in other race-conscious districting; from the standpoint of the affected groups, moreover, the line-drawings all act in similar fashion.8 A plan that "segregates" being functionally indistinguishable from any of the other varieties of gerrymandering, we should be consistent in what we require from a claimant: proof of discriminatory purpose and effect. The Court expressly declined to reach that question. In other words, the "analytically distinct claim" the majority discovers today was in plain view and did not carry the day for petitioners. 7. Does the Equal Protection Clause prevent a State from drawing district boundaries for the purpose of. 430 U. S., at 162-163 (opinion of WHITE, J., joined by Brennan, BLACKMUN, and STEVENS, JJ.) Cf. The majority attempts to distinguish UJO by imagining a heretofore unknown type of constitutional claim. Ibid. 115 S. Ct. 2475 (1995). 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. 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. In its 1993 decision, the Supreme Court agreed, ruling that race cannot be the predominant factor in creating districts. The majority's contrary view is perplexing in light of its concession that "compactness or attractiveness has never been held to constitute an independent federal constitutional requirement for state legislative districts." A special three-judge district court dismissed the suit against both the attorney general and the state officials. The Attorney General, acting through the Assistant Attorney General for the Civil Rights Division, interposed a formal objection to the General Assembly's plan. It involves, instead, an attempt to equalize treatment, and to provide minority voters with an effective voice in the political process. See post, at 678 (dissenting opinion). a. Thus, for example, awarding government contracts on a racial basis excludes certain firms from competition on racial grounds. 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.'" Ruth O. Shaw, a North Carolina resident who led a group of white voters in the lawsuit, Justices Rehnquist, O'Connor, Scalia, Kennedy, Thomas. Media. The Court appears to accept this, and it does not purport to disturb the law of vote dilution in any way. There are three financing options: 1. 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. 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. Rather, the issue is whether the classification based on race discriminates. 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 offers no adequate justification for treating the narrow category of bizarrely shaped district claims differently from other districting claims. 430 U. S., at 165. 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. Since that system is at war with. Naomi buys $1,000 worth of American Express travelers checks and charges The Court's opinion essentially calls into question the validity of the entire makeup of the House of Representatives because in most of the States there was a significant difference in the populations of their congressional districts. 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. 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