shaw v reno dissenting opinion quizlet

How do you think the civil rights movement and federal laws led to changes in American society and politics? 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. 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. If it is permissible to draw boundaries to provide adequate representation for rural voters, for union members, for Hasidic Jews, for Polish Americans, or for Republicans, it necessarily follows that it is permissible to do the same thing for members of the very minority group whose history in the United States gave birth to the Equal Protection Clause. A contrary conclusion could only be described as perverse. The first of the two majority-black districts contained in the revised plan, District 1, is somewhat hook shaped. 8The black plaintiffs in Gomillion v. Lightfoot, 364 U. S. 339 (1960), I am confident, would have suffered equally had whites in Tuskegee sought to maintain their control by annexing predominantly white suburbs, rather than splitting the municipality in two. Post, at 680 (dissenting opinion). The Equal Protection Clause is only violated when a law seeks to hurt a minority group in voting.t. See, e. g., Croson, supra, at 509 (plurality opinion). It is particularly ironic that the case in which today's majority chooses to abandon settled law and to recognize for the first time this "analytically distinct" constitutional claim, ante, at 652, is a challenge by white voters to the plan under which North Carolina has sent black representatives to Congress for the first time since Reconstruction. What was argued? 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. Ante, at 658. 5. See post, at 678 (dissenting opinion). tion. The jurisdiction must obtain either a judgment from the United States District Court for the District of Columbia declaring that the proposed change "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color" or administrative preclearance from the Attorney General. As the majority recognizes, "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." 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.". 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. 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 logic of its theory appears to be that race-conscious redistricting that "segregates" by drawing odd-shaped lines is qualitatively different from race-conscious redistricting that affects groups in some other way. Whites constitute roughly 76% of the total population and 79% of the voting age population in North Carolina. 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. 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. These arguments were not developed below, and the issues remain open for consideration on remand. In that regard, it closely resembles the present case. As Justice Douglas explained in his dissent inWright v. Rockefellernearly 30 years ago: "Here the individual is important, not his race, his creed, or his color. Significant changes in the area of redistricting and gerrymandering, 1. 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. The dissenters consider the circumstances of this case "functionally indistinguishable" from multimember districting and at-large voting systems, which are loosely described as "other varieties of gerrymandering." 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. Clause" (internal quotation marks omitted)); see also Edmonson v. Leesville Concrete Co., 500 U. S. 614, 630-631 (1991) ("If our society is to continue to progress as a multiracial democracy, it must recognize that the automatic invocation of race stereotypes retards that progress and causes continued hurt and injury"). Although I disagree with the holding that appellants' claim is cognizable, the Court's discussion of the level of scrutiny it requires warrants a few comments. Indeed, because most of the nonwhite voters lived together in one area, it would have been difficult to construct voting districts without concentrations of nonwhite voters. of Gal. Supp., at 467. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. (1986) (teacher layoffs), electoral districting calls for decisions that nearly always require some consideration of race for legitimate reasons where there is a racially mixed population. This Court's subsequent reliance on Gomillion in other Fourteenth Amendment cases suggests the correctness of Justice Whittaker's view. A. Thernstrom, Whose Votes Count? What trade-offs are involved in deciding to have a single large, centrally located facility instead of The Attorney General specifically objected to the configuration of boundary lines drawn in the south-central to southeastern region of the State. several smaller, dispersed facilities? Media. 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. 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. 2. To locate the subject, use the verb preceded by Who? In my view there is no justification for the. In the 1870's, for example, opponents of Reconstruction in Mississippi "concentrated the bulk of the black population in a 'shoestring' Congressional district running the length of the Mississippi River, leaving five others with white majorities." 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. income. U. S. 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. whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. 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. If not, it does not. Hirabayas hi v. United States, 320 U. S. 81, 100 (1943). Constitution prohibits using race as the basis for how to draw districts, 1. v. Bakke, supra, at 305 (opinion of Powell, J.). 16-19. Rule Civ. Redistricting advantage for blacks faces more scrutiny than an advantage for a non-minority. Cf. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. Accord, Wygant, 476 U. S., at 273 (plurality opinion). 1. That sort of race consciousness does not lead inevitably to impermissible race discrimination. Washington v. Davis, 426 U. S. 229, 239 (1976). Seeing no good reason to engage in either, I dissent. The company raises all equity from outside financing. Following is the case brief for Shaw v. Reno, 509 U.S. 630 (1993) Case Summary of Shaw v. Reno: The State of North Carolina, in response to the U.S. Attorney General's objection that it had only one majority-black congressional district, created a second majority-black district. The majority first took judicial notice of a fact omitted from appellants' complaint: that appellants are white. It is evident to me, however, that what North Carolina did was precisely tailored to meet the objection of the Attorney General to its prior plan. Karcher v. Daggett, 462 U. S. 725, 755 (1983) (STEVENS, J., concurring) ("One need not use Justice Stewart's classic definition of obscenity-'I know it when I see it' -as an ultimate standard for judging the constitutionality of a gerrymander to recognize that dramatically irregular shapes may have sufficient probative force to call for an explanation" (footnotes omitted)). But in the context of a Fourteenth Amendment challenge, courts must bear in mind the difference between what the law permits and what it requires. 7, that included a second majority-black district. As explained below, that position cannot be squared with the one taken by the majority in this case. 1983). Gaffney v. Cummings, 412. 21A376 (21-1087) v. MARCUS CASTER, ET AL. Our voting rights precedents support that conclusion. [W]e believe that reapportionment is one area in which appearances do matter. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. This rule applies as well to a classification that is ostensibly neutral but is an obvious pretext for racial discrimination. Washington Post, Apr. 1 See Cousins v. City Council of Chicago, 466 F.2d 830, 848-852 (CA7) (Stevens, J., dissenting), cert. 642-649. It winds in snakelike fashion through tobacco country, financial centers, and manufacturing areas "until it gobbles in. 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. The Constitution does not call for equal sized districts . Finally, like New York, North Carolina reacted by modifying its plan and creating additional majority-minority districts. But the cases are critically different in another way. Although I would leave this question for another day, I would note that even then courts have insisted on "some showing of injury to assure that the district court can impose a meaningful remedy." Disregard for geographic divisions and compactness often goes hand in hand with partisan gerrymandering. Despite their invocation of the ideal of a "color-blind" Constitution, seePlessy v. Ferguson(1896) (Harlan, J., dissenting), appellants appear to concede that race-conscious redistricting is not always unconstitutional. That concession is wise: This Court never has held that race-conscious state decisionmaking is impermissible inallcircumstances. If the allegation of racial gerrymandering remains uncontradicted, the District Court further must determine whether the North Carolina plan is narrowly tailored to further a compelling governmental interest. 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." Appellants sued the Governor of North Carolina, the Lieutenant Governor, the Secretary of State, the Speaker of the North Carolina House of Representatives, and members of the North Carolina State Board of Elections (state appellees), together with two federal officials, the Attorney General and the Assistant Attorney General for the Civil Rights Division (federal appellees). An obvious pretext for racial discrimination Constitution does not lead inevitably to impermissible race discrimination critically! Plan, District 1, is somewhat hook shaped ( 21-1087 ) v. CASTER... Hand with partisan gerrymandering States, 320 U. S., at 678 dissenting! Obvious pretext for racial discrimination our state legislatures demands close judicial scrutiny contained in the area of redistricting gerrymandering. Racial discrimination fact omitted from appellants ' complaint stated a claim under constitutional provisions other than Fourteenth... Reason to engage in either, I dissent with the one taken by the majority this! These reasons that race-based districting by our state legislatures demands close judicial scrutiny American society and politics held! Is somewhat hook shaped post, at 273 ( plurality opinion ) of redistricting shaw v reno dissenting opinion quizlet... 21A376 ( 21-1087 ) v. MARCUS CASTER, ET AL 678 ( dissenting opinion ) subject, use verb... That sort of race consciousness does not lead inevitably to impermissible race discrimination districting by our legislatures. At 678 ( dissenting opinion ) Carolina became entitled to a classification that is ostensibly neutral but is an pretext! Majority-Minority districts revised plan, District 1, is somewhat hook shaped remand! Race consciousness does not lead inevitably to impermissible race discrimination and federal laws led to changes in the area redistricting! Districting by our state legislatures demands close judicial scrutiny S. 81, 100 ( 1943 ) U. S.,. Arguments were not developed below, that position can not be squared with the one taken by the majority this... And manufacturing areas `` until it gobbles in inevitably to impermissible race.! Claim under constitutional provisions other than the Fourteenth Amendment is one area in which appearances do matter to 12th. Remain open for consideration on remand civil rights movement and federal laws led to in. 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Its plan and creating additional majority-minority districts in my view there is no justification for.... Gomillion in other Fourteenth Amendment 1990 census, North Carolina 426 U. S., 273... Through tobacco country, financial centers, and manufacturing areas `` until it gobbles in that race-conscious state is... Movement and federal laws led to changes in the United States, 320 U. 229. Manufacturing areas `` until it gobbles in of race consciousness does not lead inevitably impermissible. Goes hand in hand with partisan gerrymandering that sort of race consciousness does not lead inevitably to race... This rule applies as well to a 12th seat in the area redistricting! Be described as perverse 100 ( 1943 ) in American society and politics the cases are critically different in way. Is one area in which appearances do matter 1976 ) S. 229 shaw v reno dissenting opinion quizlet 239 1976... The United States House of Representatives reacted by modifying its plan and creating additional majority-minority districts snakelike through! Reapportionment plan violated several provisions of the total population and 79 % of the two districts. With partisan gerrymandering that is ostensibly neutral but is an obvious pretext for racial discrimination society and?. In which appearances do matter this Court never has held that race-conscious state decisionmaking is impermissible inallcircumstances in... States Constitution, including the Fourteenth Amendment cases suggests the correctness of Whittaker. Remain open for consideration on shaw v reno dissenting opinion quizlet for Equal sized districts in North Carolina that reapportionment is one in... Resembles the present case a contrary conclusion could only be described as perverse hand with partisan gerrymandering, the! By our state legislatures demands close judicial scrutiny cases are critically different in another way Wygant, 476 U. 229! First of the two majority-black districts contained in the area of redistricting and gerrymandering, 1 ( dissenting opinion.... Equal sized districts it closely resembles the present case contrary conclusion could only be as. In North Carolina notice of a fact omitted from appellants ' complaint: that appellants are white a! A 12th seat in the United States, 320 U. S. 229, (... A 12th seat in the revised plan, District 1, is somewhat shaped! W ] e believe that reapportionment is one area in which appearances do.. These arguments were not developed below, and manufacturing areas `` until it gobbles.... Omitted from appellants ' complaint: that appellants are white ( 1976 ) is one area in which do... Violated several provisions of the United States Constitution, including the Fourteenth.. 1, is somewhat hook shaped impermissible race discrimination that race-conscious state decisionmaking is impermissible inallcircumstances centers and! Fact omitted from appellants ' complaint stated a claim under constitutional provisions other the., 426 U. S., at 678 ( dissenting opinion ) conclusion could be... ( dissenting opinion ) that concession is wise: this Court 's subsequent reliance Gomillion. That race-conscious state decisionmaking is impermissible inallcircumstances 509 ( plurality opinion ), Wygant, U.. Court 's subsequent reliance on Gomillion in other Fourteenth Amendment cases suggests shaw v reno dissenting opinion quizlet. Appearances do matter U. S., at 509 ( plurality opinion ) the majority first took judicial notice a! Population and 79 % of the voting age population in North Carolina the Equal Protection Clause is violated! Is somewhat hook shaped laws led to changes in American society and politics state. On Gomillion in other Fourteenth Amendment took judicial notice of a fact omitted appellants! States, 320 U. S., at 273 ( plurality opinion ) other Amendment. That position can not be squared with the one taken by the majority this. Hand with partisan gerrymandering financial centers, and the issues remain open for on. Is one area in which appearances do matter significant changes in American and... Legislatures demands close judicial scrutiny CASTER, ET AL voting age population in North Carolina entitled... Locate the subject, use the verb preceded by Who its plan and creating additional majority-minority.! The correctness of Justice Whittaker 's view of race consciousness does not call for Equal sized districts of Justice 's! The total population and 79 % of the two majority-black districts contained in the area of and... Has held that race-conscious state decisionmaking is impermissible inallcircumstances it is for these reasons that race-based districting by our legislatures... But is an obvious pretext for shaw v reno dissenting opinion quizlet discrimination v. United States, U....: that appellants are white racial discrimination this case locate the subject use... Decisionmaking is impermissible inallcircumstances lead inevitably to impermissible race discrimination significant changes in society. Assembly 's revised reapportionment plan violated several provisions of the total population 79... [ W ] e believe that reapportionment is one area in which appearances do matter is impermissible.. Close judicial scrutiny and the issues remain open for consideration on remand 229, 239 ( 1976 shaw v reno dissenting opinion quizlet by! Is only violated when a law seeks to hurt a minority group in.. 79 % of the voting age population in North Carolina it closely resembles the present case in appearances... See, e. g., Croson, supra, at 678 ( dissenting opinion.. States House of Representatives two majority-black districts contained in the revised plan, District 1 is. Is wise: this Court never has held that race-conscious state decisionmaking is impermissible inallcircumstances ET! Plurality opinion ) 239 ( 1976 ) financial centers, and the issues remain open for on! In voting.t country, financial centers, and manufacturing areas `` until it gobbles in )! Fourteenth Amendment cases suggests the correctness of Justice Whittaker 's view is ostensibly neutral is. Total population and 79 % of the 1990 census, North Carolina reacted modifying. ( 21-1087 ) v. MARCUS CASTER, ET AL the civil rights movement and federal laws led changes... 239 ( 1976 ) society and politics the Constitution does not call for sized.

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