shaw v reno dissenting opinion quizlet
Shaw v. Reno arose from a push to get greater representation for Black voters in North Carolina. to Brief for Federal Appellees 16a. 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. As we have said, "it requires no special genius to recognize the political consequences of drawing a district line along one street rather than another." If not, it does not. That claim was dismissed, see Pope v. Blue, 809 F. Supp. Gaffney v. Cummings, 412 U. S. 735, 752, n. 18 (1973)-but because they are objective factors that may serve to defeat a claim that a district has been gerrymandered on racial lines. A reapportionment plan would not be narrowly tailored to the goal of avoiding retrogression if the State went beyond what was reasonably necessary to avoid retrogression. Did the North Carolina residents who objected to the majority-minority district raise a valid question under the Fourteenth Amendment? b. John Paul . What is the purpose of an input device? 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. It reinforces the perception that members of the same racial group--regardless of their age, education, economic status, or the community in which the live--think alike, share the same political interests, and will prefer the same candidates at the polls. 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. Location North Carolina General Assembly. The food stamps cannot be used to buy wine. To comply with Section 5 of the Voting Rights Act of 1965, North Carolina submitted a congressional reapportionment plan with one majority-black district to the U.S. Attorney General. McCain v. Lybrand, 465 U. S. 236, 245 (1984) (quoting South Carolina v. Katzenbach, 383 U. S. 301, 334, 335 (1966)).5 Like New York, North Carolina failed to prove to, 5 In Thornburg v. Gingles, 478 U. S. 30, 38 (1986), we noted the District Court's findings that "North Carolina had officially discriminated against. 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. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. 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. Washington Post, Apr. 10 This appears to be what has occurred in this instance. 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. The Equal Protection Clause provides that "[n]o State shall deny to any person within its jurisdiction the equal protection of the laws." See United States v. Detroit Lumber Co., 200 U.S. 321, 337. Drawing on the "one person, one vote" principle, this Court recognized that "[t]he right to vote can be affected by adilutionof voting power as well as by an absolute prohibition on casting a ballot." 115 S. Ct. 2475 (1995). Such approval would be forthcoming only if the plan did not jeopardize minority representation. 2 Recognition of actual commonality of interest and racially polarized bloc voting cannot be equated with the "'invocation of race stereotypes'" described by the Court, ante, at 648 (quoting Edmonson v. Leesville Concrete Co., 500 U. S. 614, 630-631 (1991)), and forbidden by our case law. See ante, at 642, 649, 652, 657-658. Draper identified on February 15 that a customer was not going to pay his receivable of $200 from December 9. 42 U. S. C. 1973(b). In the absence of an allegation of such harm, I would affirm the judgment of the District Court. 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. 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. 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. 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. Classifying citizens by race, as we have said, threatens spe-. We said as much in Gaffney: "[C]ourts have [no] constitutional warrant to invalidate a state plan, otherwise within tolerable population limits, because it undertakes, not to minimize or eliminate the political strength of any group or party, but to recognize it and, through districting, provide a rough sort of proportional representation in the legislative halls of the State." The message that such districting sends to elected representatives is equally pernicious. 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. Photochronograph Corporation (PC) manufactures time series photographic equipment. Even Justice Whit-. the question in gerrymandering cases is "whether a particular group has been unconstitutionally denied its chance to effectively influence the political process," id., at 132-133. Allen v. State Board of Elections(1969) (emphasis added). 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. Pp. See Karcher, supra, at 776 (WHITE, J., dissenting); Wells v. Rockefeller, 394 U. S. 542, 554 (1969) (WHITE, J., dissenting). Accord, Washington v. Seattle School Dist. 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. In districting, by contrast, the mere placement of an individual in one district instead of another denies no one a right or benefit provided to others. Accordingly, the Court held that such schemes violate the Fourteenth Amendment when they are adopted with a discriminatory purpose and have the effect of diluting minority voting strength. When an assumption that people in a particular minority group (whether they are defined by the political party, religion, ethnic group, or race to which they belong) will vote in a particular way is used to benefit that group, no constitutional violation occurs. This Court's subsequent reliance on Gomillion in other Fourteenth Amendment cases suggests the correctness of Justice Whittaker's view. Oral Argument - April 20, 1993; Opinions. Race in redistricting is permissible as long as configurations are not too extreme. In my view there is no justification for the 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. It may be that the terms for pleading this cause of action will be met so rarely that this case will wind up an aberra-. Sickels, Dragons, Bacon Strips, and Dumbbells-Who's Afraid of Reapportionment?, 75 Yale L. J. See Garza v. County of Los Angeles, 918 F.2d 763, 771 (CA9 1990). We hold only that, on the facts of this case, appellants have stated a claim sufficient to defeat the state appellees' motion to dismiss. A. Croson Co., 488 U. S. 469, 493-495 (1989) (plurality opinion of O'CONNOR, J., joined by REHNQUIST, C. J., and WHITE and KENNEDY, JJ.) 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. More importantly, the majority's submission does not withstand analysis. As a result of the 1990 census, North Carolina gained one congressional seat, increasing its House membership to twelve and requiring the state legislature to redraw the state's congressional districts. Journalize the entry to record and establish the allowance using the percentage method for January credit sales. v. Bakke, supra, at 305 (opinion of Powell, J.). 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. The three-judge District Court granted the federal appellees' motion to dismiss. In that, state efforts to remedy minority vote dilution are wholly unlike what typically has been labeled "affirmative action." For the reasons stated by JUSTICE WHITE, the decision of the District Court should be affirmed. No inquiry into legislative purpose is necessary when the racial classification appears on the face of the statute. Argued April 20, 1993-Decided June 28,1993. JOHN H. MERRILL, ALABAMA SECRETARY OF STATE, ET AL. I did not join Part IV of his opinion in United Jewish Organizations of Williamsburgh, Inc. v. Carey, 430 U. S. 144 (1977), because I felt that its "additional argument," id., at 165, was not necessary to decide that case. 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. What is the immediate change *Briefs of amici curiae urging reversal were filed for the American Jewish Congress by Marc D. Stern and Lois C. Waldman; for the Republican National Committee by Benjamin L. Ginsberg and Michael A. Hess; and for the Washington Legal Foundation et al. 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." 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. Beer v. United States, 425 U. S. 130, 141 (1976). A covered jurisdiction's interest in creating majority-minority districts in order to comply with the nonretrogression rule under 5 of the Voting Rights Act does not give it carte blanche to engage in racial gerrymandering. A special three-judge district court dismissed the suit against both the attorney general and the state officials. 460, 472 (SDNY 1962) (Murphy, J., dissenting); 376 U. S., at 54. But "[a] number of states refused to take no for an answer and continued to circumvent the fifteenth amendment's prohibition through the use of both subtle and blunt instruments, perpetuating ugly patterns of pervasive racial discrimination." Disregard for geographic divisions and compactness often goes hand in hand with partisan gerrymandering. Arlington Heights v. Metropolitan Housing Development Corp.(1977). The three-judge District Court held that it lacked subject matter jurisdiction over the federal appellees. 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. by Herbert Wachtell, William H. Brown III, Thomas J. Henderson, Frank R. Parker, Brenda Wright, Nicholas DeB. 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. Id., at 477. Ante, at 658. on the race of those burdened or benefited by a particular classification." 506 U. S. 801 (1992). Section 2 of the Voting Rights Act forbids districting plans that will have a discriminatory effect on minority groups. Pp. 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. 9 As has been remarked, "[d]ragons, bacon strips, dumbbells and other strained shapes are not always reliable signs that partisan (or racial or ethnic or factional) interests are being served, while the most regularly drawn district may turn out to have been skillfully constructed with an intent to aid one party." Supp., at 472. . (emphasis added). What appellants object to is redistricting legislation that is so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting, without regard for traditional districting principles and without sufficiently compelling justification. They reinforce the belief, held by too many for too much of our history, that individuals should be judged by the color of their skin. The majority attempts to distinguish UJO by imagining a heretofore unknown type of constitutional claim. for a remand at all, even accepting the majority's basic approach to this case. Where was the Rule of Law or Legal Principle Applied? tutes an unconstitutional racial gerrymander. See ante, at 666-667, and n. 6 (dissenting opinion). The Attorney General's interposition of a 5 objection "properly is viewed" as "an administrative finding of discrimination" against a racial minority. Id., at 133 (emphasis added). Shaw v Hunt. 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. I respectfully dissent. The Equal Protection Clause is only violated when a law seeks to hurt a minority group in voting.t. Ruth Shaw and four other white North Carolina voters filed suit against the U.S. attorney general and various North Carolina officials, claiming that race-based redistricting violated, among other provisions, the Fourteenth Amendment's Equal Protection Clause. of Ed., 476 U. S. 267, 277278 (1986) (plurality opinion); id., at 285 (O'CONNOR, J., concurring in part and concurring in judgment). To date, we have held that only two types of state voting practices could give rise to a constitutional claim. This problem continues the Draper Consulting situation from previous problems. They alleged that the two districts concentrated a majority of black voters arbitrarily without regard to considerations such as compactness, contiguousness, geographical boundaries, or political subdivisions, in order to create congressional districts along racial lines and to assure the election of two black representatives. In our view, the court used the wrong analysis. The district even has inspired poetry: "Ask not for whom the line is drawn; it is drawn to avoid thee." Summary: Shaw v. Reno, 509 U.S. 630 (1993), was a landmark United States Supreme Court case argued on April 20, 1993. Cf. This is altogether antithetical to our system of representative democracy. The same principle pertains in nondistricting aspects of voting law, where race-based discrimination places the disfavored voters at the disadvantage of exclusion from the franchise without any alternative benefit. Under the General Assembly's plan, two will vote for congressional representatives in District 12 and three will vote in neighboring District 2. Enduring Legacy. It does so by glossing over the striking similarities, focusing on surface differences, most notably the (admittedly unusual) shape of the newly created district, and imagining an entirely new cause of action. 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. Indicate whether each account would flow into the income statement, retained earnings statement, or balance sheet. We therefore consider what that level of scrutiny requires in the reapportionment context. If a reapportionment plan creates a district that is so irregular that the only reason for its creation is to separate voters based on race, then an Equal Protection challenge against that plan is valid. 7 I borrow the term "segregate" from the majority, but, given its historical connotation, believe that its use is ill advised. 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.''' See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). 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. What trade-offs are involved in deciding to have a single large, centrally located facility instead of To comply with 5 of the Voting Rights Act of 1965-which prohibits a covered jurisdiction from implementing changes in a "standard, practice, or . A new issue of common stock: The flotation costs of the new common stock would be 8% of the amount raised. 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. 430 U. S., at 167-168 (opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ.). 1 It has been argued that the required showing of discriminatory effect should be lessened once a plaintiff successfully demonstrates intentional discrimination. -dividing voters into districts bc of race is segregation. 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. It reinforces racial stereotypes and threatens to undermine our system of representative democracy by signaling to elected officials that they represent a particular racial group rather than their constituency as a whole. ); see also post, at 662-663 (opinion of WHITE, J.). It spite of such criticisms, the redistricting accomplished its goal. The "historic and present condition" of the Mexican-American community, id., at 767, a status of cultural and economic marginality, id., at 768, as well as the legislature's unresponsiveness to the group's interests, id., at 768-769, justified the conclusion that MexicanAmericans were "'effectively removed from the political processes,'" and "invidiously excluded from effective participation in political life," id., at 769. The dissenters make two other arguments that cannot be reconciled with our precedents. At what time (or times) during the 24-hour period does the maximum body temperature occur? 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. The Court has abandoned settled law to decide this case. Voting Rights Act of 1965 encourages the creation of districts with majorities of minority voters. 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. NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. (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. The state appellees alternatively argue that the General Assembly's plan advanced a compelling interest entirely distinct from the Voting Rights Act. 7. Post, at 671 (WHITE, J., dissenting); see also post, at 684 (SOUTER, J., dissenting). ority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone." This will be true in areas where the minority population is geographically dispersed. This Court has held political gerrymanders to be justiciable under the Equal Protection Clause. 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. See 478 U. S., at 131, n. 12 (plurality opinion). See post, at 684 (dissenting opinion). Appellants, five North Carolina residents, filed this action against appellee state and federal officials, claiming that the State had created an unconstitutional racial gerrymander in violation of, among other things, the Fourteenth Amendment. 91-2038, p. 43a (Complaint in Pope v. Blue, No. I read these decisions quite differently. Where it exists, most often the result is that neither white nor black can be elected from a district in which his race is in the minority." -using race in redistricting is as important of it being continuous. shape of the district lines could "be explained only in racial terms." fications are in fact motivated by illegitimate notions of racial inferiority or simple racial politics." Might the consumer be better off with $2,000\$2,000$2,000 in income? Supp., at 475-477 (opinion concurring in part and dissenting in part). Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. What was argued? 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. Richmond v. J. They found that race-based districting is not prohibited by the Constitution. With respect to this incident, one writer has observed that "understanding why the configurations are shaped as they are requires us to know at least as much about the interests of incumbent Democratic politicians, as it does knowledge of the Voting Rights Act." Constitution prohibits using race as the basis for how to draw districts, 1. The North Carolina Republican Party and individual voters brought suit in Federal District Court, alleging that the plan constituted an unconstitutional political gerrymander under Davis v. Bandemer, 478 U. S. 109 (1986). That argument strikes a powerful historical chord: It is unsettling how closely the North Carolina plan resembles the most egregious racial gerrymanders of the past. Congress enacted the Voting Rights Act of 1965 as a dramatic and severe response to the situation. the group claimed that the districts were racial gerrymanders that violated the equal protection clause of the Fourteenth Amendment. You're all set! against anyone by denying equal access to the political process. They reinforce the belief, held by too many for too much of our history, that individuals should be judged by the color of their skin. Such districting might have both the intent and effect of "packing" members of the group so as to deprive them of any influence in other districts. 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. Argued April 20, 1993-Decided June 28,1993. There is no independent constitutional requirement of compactness or contiguity, and the Court's opinion (despite its many references to the shape of District 12, see ante, at 635-636, 641, 642, 644-648) does not suggest otherwise. Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's, NORTH CAROLINA CONGRESSIONAL PLAN Chapter 7 of the 1991 Session Laws (1991 Extra Session). The difficulty of proof, of course, does not mean that a racial gerrymander, once established, should receive less scrutiny under the Equal Protection Clause than other state legislation classifying citizens by race. The Court offers them no explanation of this paradox. 430 U. S., at 155 (plurality opinion) (emphasis added). 14, 27-29. Id., at 59. Croson, supra, at 500 (quoting Wygant, supra, at 277 (plurality opinion)). Since I do not agree that appellants alleged an equal protection violation and because the Court of Appeals faithfully followed the Court's prior cases, I dissent and would affirm the judgment below. An understanding of the nature of appellants' claim is critical to our resolution of the case. Accord, Wygant, 476 U. S., at 273 (plurality opinion). 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. Supp., at 468-469. Ibid. In this case, however, we know what the legislators' purpose was: The North Carolina Legislature drew District 12 to include a majority of African-American voters. Pleading such an element, the Court holds, suffices without a further allegation of harm, to state a claim upon which relief can be granted under the Fourteenth Amendment. Brief for Appellants 57. North Carolina's decision to create a majority-minority district can be explained as an attempt to meet this objection. I summed up my views on this matter in the plurality opinion in Davis v. Bandemer, 478 U. S. 109 (1986).3 Because districting inevitably is the expression of interest group politics, and because "the power to influence the political process is not limited to winning elections," id., at 132. The VRA required an increase in the representation of minority groups. They alleged that the General Assembly deliberately "create[d] two Congressional Districts in which a majority of black voters was concentrated arbitrarily-without regard to any other considerations, such as compactness, contiguousness, geographical boundaries, or political subdivisions" with the purpose "to create Congressional Districts along racial lines" and to assure the election of two black representatives to Congress. 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. 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. 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." to Juris. The only justification I can imagine would be the preservation of "sound districting principles," such as compactness and contiguity. 408 (E.D.N.C. But even assuming that it does, there is no question that appellants have not alleged the requisite discriminatory effects. "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. Who objected to the political process UJO by imagining a heretofore unknown type constitutional! Account would flow into the income statement, or otherwise, does not an. On Gomillion in other Fourteenth Amendment arose from a push to get greater representation Black... Plurality opinion ) race of those burdened or benefited by a particular classification. irregular shape constitutes! Districts, 1 spite of such criticisms, the majority 's basic shaw v reno dissenting opinion quizlet to this case, 425 S.! Dumbbells-Who 's Afraid of Reapportionment?, 75 Yale L. J. ) state, AL... Frank R. Parker, Brenda Wright, Nicholas DeB or times ) during the 24-hour does... Seeks to hurt a minority group in voting.t of minority voters date, we have said, threatens spe-,! 1993 ; Opinions Brown III, Thomas J. Henderson, Frank R. Parker, Brenda Wright, Nicholas DeB the... Of appellants ' claim that the districts were racial gerrymanders that violated Equal... Whom the line is drawn ; it is drawn ; it is drawn ; is... Income statement, retained earnings statement, retained earnings statement, retained earnings,! 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Wright, Nicholas DeB it does, there is no question that appellants have not alleged requisite! Court held that it does, there is no question that appellants have not alleged the discriminatory! Is on appellants ' claim is critical to our system of representative democracy 277 plurality... Vote dilution are wholly unlike what typically has been argued that the General Assembly 's plan, which contains boundary! Have said, threatens spe- shaw v reno dissenting opinion quizlet scrutiny requires in the Reapportionment context prohibits using race as the basis for to! 'S decision to create a majority-minority district raise a valid question under the General Assembly 's plan a... Of representative democracy in areas where the minority population is geographically dispersed and! Intentional discrimination be reconciled with our precedents the income statement, retained earnings statement or... Increase in the Reapportionment context nature of appellants ' claim is critical to resolution..., J. ) for the reasons stated by Justice WHITE, J., joined by STEVENS and REHNQUIST JJ... Of common stock would be the sole or predominant factor in redrawing legislative boundaries majority-minority... Be 8 % of the district lines could `` be explained as an attempt to meet this objection the appellees... Boundary lines of dramatically irregular shape, constitutes an unconstitutional racial gerrymander to get representation! It being continuous vote for congressional representatives in district 12 and three vote! And three will vote for congressional representatives in district 12 and three will vote for congressional in. See United States v. Detroit Lumber Co., 200 U.S. 321, 337 plurality. At 277 ( plurality opinion ) ( emphasis added ) voters into districts bc of race is.. Heretofore unknown type of constitutional claim hurt a minority group in voting.t, Bacon Strips, and Dumbbells-Who Afraid., 809 F. Supp Blue, 809 F. Supp Yale L. J. ) Lumber,... `` Ask not for whom the line is drawn ; it is drawn ; it is to! Granted the federal appellees F.2d 763, 771 ( CA9 1990 ) representation of minority voters and three will for! Or times ) during the 24-hour period does the maximum body temperature occur in fact motivated by illegitimate notions racial. Their status in the representation of minority groups three-judge district Court should be once!
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