Croson, 488 U. S., at 494 (plurality opinion); see also id., at 520 (SCALIA, J., concurring in judgment). JUSTICE SOUTER apparently believes that racial gerrymandering is harmless unless it dilutes a racial group's voting strength. v. Bakke, 438 U. S. 265, 304-305 (1978) (Powell, J.) 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. "[L]ike bloc-voting by race, [the racial composition of geographic area] too is a fact of life, well known to those responsible for drawing electoral district lines. 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. At what time (or times) during the 24-hour period does the maximum body temperature occur? Nothing in the decision precludes white voters (or voters of any other race) from bringing the analytically distinct claim that a reapportionment plan rationally cannot be understood as anything other than an effort to segregate citizens into separate voting districts on the basis of race without sufficient justification." Brief for State Appellees 5, n. 6. these are all arguments for ( ) side. by Wayne R. Arden and Jeffrey M. Wice; for the Lawyers' Committee for Civil Rights under Law et al. See also Wygant v. Jackson Bd. 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. No. More importantly, the majority's submission does not withstand analysis. Every Member of the Court assumed that the plaintiffs' allegation that the statute "segregate[d] eligible voters by race and place of origin" stated a constitutional claim. 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." See supra, at 680-681. gered at least heightened scrutiny (which every Member of the Court to address the issue has agreed must be applied even to race-based classifications designed to serve some permissible state interest).5 Presumably because the legitimate consideration of race in a districting decision is usually inevitable under the Voting Rights Act when communities are racially mixed, however, and because, without more, it does not result in diminished political effectiveness for anyone, we have not taken the approach of applying the usual standard of such heightened "scrutiny" to race-based districting decisions. 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. JUSTICE SOUTER'S reasoning is flawed. See Growe v. Emison, 507 U. S. 25, 40-41 (1993) ("Unless these points are established, there neither has been a wrong nor can be a remedy"). Gomillion thus supports appellants' contention that district lines obviously drawn for the purpose of separating voters by race require careful scrutiny under the Equal Protection Clause regardless of the motivations underlying their adoption. 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. 91-2038, p. 43a (Complaint in Pope v. Blue, No. These principles apply not only to legislation that contains explicit racial distinctions, but also to those "rare" statutes that, although race-neutral, are, on their face, "unexplainable on grounds other than race." 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. The new district stretches approximately 160 miles along Interstate 85 and, for much of its length, is no wider than the 1-85 corridor. The principle of equality is at war with the notion that District A must be represented by a Negro, as it is with the notion that District B must be represented by a Caucasian, District C by a Jew, District D by a Catholic, and so on . That system, by whatever name it is called, is a divisive force in a community, emphasizing differences between candidates and voters that are irrelevant in the constitutional sense . "When racial or religious lines are drawn by the State, the multiracial, multireligious communities that our Constitution seeks to weld together as one become separatist; antagonisms that relate to race or to religion rather than to political issues are generated; communities seek not the best representative but the best racial or religious partisan. Might the consumer be better off with $2,000\$2,000$2,000 in income? ); id., at 180, and n. (Stewart, J., joined by Powell, J., concurring in judgment).3. Appellee Reno . See Voinovich v. Quilter, 507 U. S., at 157-158; Growe v. Emison, 507 U. S., at 40. 808 F. 506 U. S. 801 (1992). Forty of North Carolina's one hundred counties are covered by 5 of the Voting Rights Act of 1965, 42 U. S. C. 1973c, which prohibits a jurisdiction subject to its provisions from implementing changes in a "standard, practice, or procedure with respect to voting" without federal authorization, ibid. Redistricting advantage for blacks faces more scrutiny than an advantage for a non-minority. 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. The Justice Department accepted this revision. Three Justices approved the New York statute, in part, precisely because it adhered to traditional districting principles: "[WJe think it permissible for a State, employing sound districting principles such as compactness and population equality, to attempt to prevent racial minorities from being repeatedly outvoted by creating districts that will afford fair representation to the members of those racial groups who are sufficiently numerous and whose residential patterns afford the opportunity of creating districts in which they will be in the majority.". 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. Redistricters have to justify themselves. 639-642. Since the holding here makes it unnecessary to decide whether or how a reapportionment plan that, on its face, can be explained in nonracial terms successfully could be challenged, the Court expresses no view on whether the intentional creation of majorityminority districts, without more, always gives rise to an equal protection claim. How do you think the civil rights movement and federal laws led to changes in American society and politics? Hirabayas hi v. United States, 320 U. S. 81, 100 (1943). 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. These arguments were not developed below, and the issues remain open for consideration on remand. Racial classifications of any sort pose the risk of lasting harm to our society. The central explanation has to do with the nature of the redistricting process. Unlike other contexts in which we have addressed the State's conscious use of race, see, e. g., Richmond v. J. JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT. (emphasis added). Accordingly, we have asked that an identifiable group demonstrate more than mere lack of success at the polls to make out a successful gerrymandering claim. ON APPLICATIONS FOR STAYS OR INJUNCTIVE RELIEF [February 7, 2022] The application for a stay or injunctive relief presented to J. USTICE . Oral Argument - April 20, 1993; Opinions. 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." Students in AP Gov't and Politics are required to know both cases as part of the cannon of cases and the precedents set as part of the course standards. 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." Hirabayashi v. United States(1943). Race in redistricting is permissible as long as configurations are not too extreme. 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. In providing the reasons for the objection, the Attorney General noted that "[f]or the south-central to southeast area, there were several plans drawn providing for a second majority-minority congressional district" and that such a district would have been no more irregular than others in the State's plan. Part of the explanation for the majority's approach has to do, perhaps, with the emotions stirred by words such as "segregation" and "political apartheid." 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. Id., at 53-54. Although the State argues that it had a strong basis for concluding that remedial action was warranted, only three Justices in UJO were prepared to say that States have a significant interest in minimizing the consequences of racial bloc voting apart from the Act's requirements and without regard for sound districting principles. 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." What is the maximum temperature? Shaw v. Reno Jennifer Denise Rogers . 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 authorization - North Carolina submitted to the Attorney General a congressional . of Gal. the purchase to her American Express card. 14, 1. I fail to see how a decision based on a failure to establish discriminatory intent can support the inference that it is unnecessary to prove discriminatory effect. Justice Souter, in his dissenting opinion in the Texas case, said the path on which the Court had embarked in the 1993 Shaw v. Reno decision, from which he also dissented, had proven unworkable. 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. Supp., at 472. In that regard, it closely resembles the present case. But the cases are critically different in another way. As Justice Douglas explained in his dissent in Wright v. Rockefeller nearly 30 years ago: "Here the individual is important, not his race, his creed, or his color. H. Jefferson Powell argued the cause for state appellees. United States Supreme Court. 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. 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. The Court, while seemingly agreeing with this position, warns that the State's redistricting effort must be "narrowly tailored" to further its interest in complying with the law. upon an extraordinary justification. 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