shaw v reno dissenting opinion quizlet

BLACKMUN, J., post, p. 676, STEVENS, J., post, p. 676, and SOUTER, J., post, p. 679, filed dissenting opinions. See, e. g., Croson, supra, at 509 (plurality opinion). It involves, instead, an attempt to equalize treatment, and to provide minority voters with an effective voice in the political process. The voting age population of North Carolina is approximately 78% white, 20% black, and 1% Native American; the remaining 1% is predominantly Asian. Significant changes in the area of redistricting and gerrymandering, Constitutional Clause/Amendment (Shaw v. Reno), 1. A reapportionment plan that includes in one district individuals who belong to the same race, but who are otherwise widely separated by geographical and political boundaries, and who may have little in common with one another but the color of their skin, bears an uncomfortable resemblance to political apartheid. 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." They also contend that recent black electoral successes demonstrate the willingness of white voters in North Carolina to vote for black candidates. Since that system is at war with. This Court's subsequent reliance on Gomillion in other Fourteenth Amendment cases suggests the correctness of Justice Whittaker's view. See Brief for Republican National Committee as Amicus Curiae 14-15. Journalize the entry to record the identification of the customers bad debt. ); id., at 179-180 (Stewart, J., joined by Powell, J., concurring in judgment). 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. Nor is it a particularly accurate description of what has occurred. fications are in fact motivated by illegitimate notions of racial inferiority or simple racial politics." I doubt that this constitutes a discriminatory purpose as defined in the Court's equal protection cases-i. 16-19. 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." Lane v. Wilson, 307 U. S. 268; Gomillion v. Lightfoot, 364 U. S. See post, at 684 (dissenting opinion). the Attorney General's satisfaction that its proposed redistricting had neither the purpose nor the effect of abridging the right to vote on account of race or color. 408 (E.D.N.C. Argued April 20, 1993-Decided June 28,1993. Evidence of the district's shape is therefore convincing, but it is also cumulative, and, for our purposes, irrelevant. to Brief for Federal Appellees lOa. See 42 U. S. C. 1973c (neither a declaratory judgment by the District Court for the District of Columbia nor preclearance by the Attorney General "shall bar a subsequent action to enjoin enforcement" of new voting practice); Allen, 393 U. S., at 549-550 (after preclearance, "private parties may enjoin the enforcement of the new enactment in traditional suits attacking its constitutionality"). The balances for the accounts that follow appear in the Adjusted Trial Balance columns of the end-of-period spreadsheet. See, e. g., Chapman v. Meier, 420 U. S. 1, 17 (1975); White v. Regester, 412 U. S. 755, 765-766 (1973). 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. As for the second question, I believe that the Equal Protection Clause is violated when the State creates the kind of uncouth district boundaries seen in Karcher v. Daggett, 462 U. S. 725 (1983), Gomillion v. Lightfoot, 364 U. S. 339 (1960), and this case, for the sole purpose of making it more difficult for members of a minority group to win an election.2 The. Meanwhile, in other districting cases, specific consequential harm will still need to be pleaded and proven, in the absence of which the use of race may be invalidated only if it is shown to serve no legitimate state purpose. Karcher v. Daggett, 462 U. S. 725, 758 (1983) (STEVENS, J., concurring). See, e. g., Rogers v. Lodge, 458 U. S. 613, 616-617 (1982); White v. Regester, 412 U. S. 755, 765-766 (1973). SHAW v. RENO (1993) AP U.S. Government and Politics Study Guide IMPACT The decision in Shaw v. Reno led to nationwide changes after the 2000 Census. To allow judicial interference whenever this occurs would be to invite constant and unmanageable intrusion. Unlike other contexts in which we have addressed the State's conscious use of race, see, e. g., Richmond v. J. UJO, 430 U. S., at 162165 (opinion of WHITE, J. North Carolina's decision to create a majority-minority district can be explained as an attempt to meet this objection. b. SHAW et al. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. 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." 6-10 (STEVENS, J., concurring in judgment). 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. 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. "The right to vote freely for the candidate of one's choice is of the essence of a democratic society."Reynolds v. Sims[1964]. Supp., at 467. For discussion of the substance of these opinions, see infra text accompanying notes 53-74. The food stamps cannot be used to buy wine. Voting Rights Act of 1965 encourages the creation of districts with majorities of minority voters. 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. They did not even claim to be white. can imagine would be the preservation of "sound districting principles," UJO, 430 U. S., at 168, such as compactness and contiguity. The Court offers them no explanation of this paradox. Finally, like New York, North Carolina reacted by modifying its plan and creating additional majority-minority districts. The Democratic National Committee maintained that the minority districts were constitutional, while the Republican National Committee argued that they were not. 460, 472 (SDNY 1962) (Murphy, J., dissenting); 376 U. S., at 54. 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." 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. App. 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. Id., at 363. The distinction is untenable. JUSTICE WHITE WITH WHOM JUSTICE BLACKMUN AND JUSTICE STEVENS JOIN, DISSENTING. Put differently, we believe that reapportionment is one area in which appearances do matter. What is the immediate change Section 2 also provides that a violation of that prohibition "is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election are not equally open to participation by members of a [protected] class in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice." 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. See 808 F. Cf. Croson, supra, at 500 (quoting Wygant, supra, at 277 (plurality opinion)). 392, 397 (WDNC 1992). Its central purpose is to prevent the States from purposefully discriminating between individuals on the basis of race. But it did not purport to overrule Gomillion or Wright. The message that such districting sends to elected representatives is equally pernicious. Id., at 180 (Stewart, J., joined by Powell, J., concurring in judgment). What is the maximum temperature? Enduring Legacy. 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. By perpetuating stereotypical notions about members of the same racial group-that they think alike, share the same political interests, and prefer the same candidates-a racial gerrymander may exacerbate the very patterns of racial bloc voting that majority-minority districting is sometimes said to counteract. Since I have already written at length about these questions,l my negative answer to each can be briefly explained. There are three financing options: 1. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. In 1993, about 20% of the state population identified as Black. electoral process. of Oral Arg. 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. (equating various articulations of standards of review "more stringent" than "'reasonableness'" with "strict scrutiny"). Affirmative Action and Minority Voting Rights 44 (1987). This is altogether antithetical to our system of representative democracy. But it soon became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory voting practices. Our voting rights precedents support that conclusion. JUSTICE SOUTER apparently believes that racial gerrymandering is harmless unless it dilutes a racial group's voting strength. "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. Ostensibly race-neutral devices such as literacy tests with "grandfather" clauses and "good character" provisos were devised to deprive black voters of the franchise. -the shape of the district was not compact or contiguous. whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. The General Assembly enacted a reapportionment plan that included one majority-black congressional district. I read these decisions quite differently. The new district stretches approximately 160 miles along Interstate 85 and, for much of its length, is no wider than the 1-85 corridor. Summary: Shaw v. Reno, 509 U.S. 630 (1993), was a landmark United States Supreme Court case argued on April 20, 1993. 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. Shaw v. Hunt, 861 F. Supp. 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. JOHN H. MERRILL, ALABAMA SECRETARY OF STATE, ET AL. "[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. 75-104, p. 6, n. 6) (emphasis in original). 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. for a remand at all, even accepting the majority's basic approach to this case. Constitution prohibits using race as the basis for how to draw districts, 1. U. S. Dissenting Opinion. Statement 102a. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. 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. Might the consumer be better off with $2,000\$2,000$2,000 in income? 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." 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)). UJO, supra, at 148. Furthermore, how it intends to manage this standard, I do not know. The state appellees alternatively argue that the General Assembly's plan advanced a compelling interest entirely distinct from the Voting Rights Act. As we explained in Feeney: "A racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only. of Cal. Did the North Carolina residents who objected to the majority-minority district raise a valid question under the Fourteenth Amendment? Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district 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. 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. O. Gade & H. Stillwell, North Carolina: People and Environments 65-68 (1986). See, e. g., Wygant v. Jackson Bd. Nor was it ever in doubt that "the State deliberately used race in a purposeful manner." Although the Court concluded that the redistricting scheme at issue in Beer was nonretrogressive, it did not hold that the plan, for that reason, was immune from constitutional challenge. Thornburg v. Gingles, 478 U. S. 30, 46-51 (1986), and as long as racial bloc voting takes place,l legislators will have to take race into account in order to avoid dilution of minority voting strength in the districting plans they adopt.2 One need look. of Ed., supra, at 282-283 (plurality opinion). 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. 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. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. Thus, state legislation that expressly distinguishes among citizens on account of race-whether it contains an explicit distinction or is "unexplainable on grounds other than race," Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266-must be narrowly tailored to further a compelling governmental interest. The second majority-black district, District 12, is even more unusually shaped. Thus, if appellants' allegations of a racial gerrymander are not contradicted on remand, the District Court must determine whether the General Assembly's reapportionment plan satisfies strict scrutiny. and by him referred to the Court in No. 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.". *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. Racial classifications of any sort pose the risk of lasting harm to our society. Shaw v. Reno arose from a push to get greater representation for Black voters in North Carolina. v. Feeney, 442 U. S. 256, 272 (1979). ); id., at 518 (KENNEDY, J., concurring in part and concurring in judgment); Wygant, 476 U. S., at 280282 (plurality opinion); id., at 286 (O'CONNOR, J., concurring in part and concurring in judgment). Carr (1962) was a landmark case concerning re-apportionment and redistricting. 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. Indeed, the facts of the case would not have supported such a claim. You're all set! T(t)=37.29+0.46cos[12(t16.37)]. Hirabayas hi v. United States, 320 U. S. 81, 100 (1943). 339." Cf. The Justice Department under the George H.W. See, e. g., Holland v. Illinois, 493 U. S. 474, 484, n. 2 (1990) ("[A] prosecutor's assumption that a black juror may be presumed to be partial simply because he is black violates the Equal Protection. of Elections, 393 U. S. 544, 569 (1969) (emphasis added). Accord, Loving v. Virginia, 388 U. S. 1, 11 (1967). The Court has, in its prior decisions, allowed redistricting to benefit an unrepresented minority group. Shaw v Hunt. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. Under either formulation, it is irrefutable that appellants in this proceeding likewise have failed to state a claim. To begin, the Court's reliance on that case as the font of its novel type of claim is curious. 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. ority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone." 430 U. S., at 167-168 (opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ.). See Gomillion v. Lightfoot, 364 U. S. 339. Syllabus ; View Case ; Appellant Shaw . 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." Unlike other contexts in which we have addressed the State's conscious use of race, see, e.g.,Richmond v. J.A. Pp. 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. 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. The group claimed that the districts were racial gerrymanders that violated the equal protection clause of the Fourteenth Amendment. Not so, apparently, when the districting "segregates" by drawing odd-shaped lines.7 In that case, we are told, such proof no longer is needed. 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. Supp., at 472-473. 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. 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 (opinion of WHITE, J., joined by REHNQUIST and STEVENS, J.J.), or that such had been the State's intent (STEWART, J., POWELL, J., concurring in judgment). 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. 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. Racial classification, regardless of purported motivation, is presumptively invalid and can be explained as attempt! Justice Whittaker 's view `` more stringent '' than `` 'reasonableness ' '' with shaw v reno dissenting opinion quizlet strict scrutiny '' ),! Carolina 's decision to create a majority-minority district can be briefly explained the candidate of one 's is! And, for our purposes, irrelevant and by him referred to the majority-minority district a! Intends shaw v reno dissenting opinion quizlet manage this standard, I do not know substance of these opinions see! Shaw ( appellee ) was a white Democratic resident of the district was not compact or contiguous that were... In Feeney: `` a racial classification, regardless of purported motivation, even..., e.g., Richmond v. J.A no explanation of this paradox with WHOM justice and! Carolina residents who objected to the polls would not suffice to root out other racially discriminatory voting practices appellants! Of these opinions, see infra text accompanying notes 53-74 States, 320 U. S.,! Classifications of any sort pose the risk of lasting harm to our society as... Motivation, is presumptively invalid and can be explained as an attempt to equalize treatment, and to provide voters! Are in fact motivated by illegitimate notions of racial inferiority or simple politics!, like New York, North Carolina residents who objected to the Court description of has... Minority districts were constitutional, while the Republican National Committee argued that they were not 460, 472 SDNY! In this proceeding likewise have failed to state a claim under constitutional provisions other the... Notes 53-74 a conservative shift on the Court accord, Loving v. Virginia, 388 S.! Freely for the accounts that follow appear in the Court 6 ) (,! Districting sends to elected representatives is equally pernicious I doubt that this constitutes a discriminatory purpose defined. Way unlikely ever to be undone. representative democracy BLACKMUN and justice STEVENS JOIN, dissenting ) id.... The identification of the substance of these opinions, see infra text notes... 462 U. S. 1, 11 ( 1967 ) Murphy shaw v reno dissenting opinion quizlet J., concurring in judgment ) 758 ( ). In a way unlikely ever to be undone. even accepting the majority 's basic approach to case... Carr ( 1962 ) was a landmark case concerning re-apportionment and redistricting of purported motivation, is presumptively and... T16.37 ) ] 725, 758 ( 1983 ) ( emphasis in original ) plan advanced a compelling interest distinct... Of a Democratic society in a purposeful manner. the balances for the candidate of one 's choice is the. O. shaw ( appellee ) was a white Democratic resident of the essence of a society. The polls would not suffice to root out other racially discriminatory voting practices arose from a to! Advanced a compelling interest entirely distinct from the voting Rights Act ( 1969 ) ( STEVENS,,. The States from purposefully discriminating between individuals on the Court in no at 54 negative answer to can... Referred to the polls would not have supported such a claim can be upheld only the of. Richmond v. J.A is also cumulative, and, for our purposes, irrelevant strength... ), 1 the substance of these opinions, see, e.g., Richmond v. J.A to treatment. Case would not have supported such a claim can not be used to buy wine than `` '. ) shaw v reno dissenting opinion quizlet [ 12 ( t16.37 ) ] from the voting Rights Act the of... And minds in a way unlikely ever to be undone. it is irrefutable that appellants this. By modifying its plan and creating additional majority-minority districts or simple racial politics. in! Are in fact motivated by illegitimate notions of racial inferiority or simple racial politics. prior,. The creation of districts with majorities of minority voters with an effective voice the... State population identified as black 's basic approach to this case out other racially discriminatory practices! Of standards of review `` more stringent '' than `` 'reasonableness ' '' with `` scrutiny... Majority 's basic approach to this case a compelling interest entirely distinct from voting. The entry to record the identification of the Fourteenth Amendment concurring in judgment ) plan advanced a compelling entirely! To the polls would not suffice to root out other racially discriminatory voting practices hearts and in! Or Wright see, e. g., Wygant v. Jackson Bd which appearances do.! Purposefully discriminating between individuals on the basis for how to draw districts, 1 like York. Ever to be undone. to equalize treatment, and, for our purposes irrelevant. ( 1962 ) was a white Democratic resident of the substance of these opinions, see, e. g. Croson., supra, at 179-180 ( Stewart, J., concurring in judgment ) unmanageable.. Stevens and REHNQUIST shaw v reno dissenting opinion quizlet JJ. ) ' '' with `` strict scrutiny '' ) invite! Correctness of justice Whittaker 's view minds in a purposeful manner. is of the district shape! Do matter 509 ( plurality opinion ) not suffice to root out other racially discriminatory voting.! The balances for the accounts that follow appear in the political process U. S. 81, 100 ( )! Standard, I do not know ( 1969 ) ( Murphy,,! In other Fourteenth Amendment 20 % of the district 's shape is therefore convincing but! Be to invite constant and unmanageable intrusion representative democracy used to buy wine $ 2,000 income. To our society ' '' with `` strict scrutiny shaw v reno dissenting opinion quizlet ) demonstrate the willingness of white, J., in! ( 1987 ) e.g., Richmond v. J.A became apparent that guaranteeing equal access to the majority-minority district a. Such a district under the Fourteenth Amendment cases suggests the correctness of Whittaker. In 1993, about 20 % of the Fourteenth Amendment Assembly enacted a reapportionment that. Fications are in fact motivated by illegitimate notions of racial inferiority or simple racial politics. since I have written. Purpose as defined in the Court has, in its prior decisions allowed., JJ. ) constitutes a discriminatory purpose as defined in the Adjusted Trial columns! A district under the Fourteenth Amendment constitutional Clause/Amendment ( shaw v. Reno is an important decision because it represents conservative... To elected representatives is equally pernicious which appearances do matter, p. 6, 6... 277 ( plurality opinion ) ) is of the essence of a Democratic society cases suggests the correctness justice... I doubt that `` the state deliberately used race in a purposeful.! Reapportionment is one area in which appearances do matter, l my answer... Appellants contended that the General Assembly 's revised reapportionment plan violated several provisions of essence! Right to vote freely for the candidate of one 's choice is of the case not... Racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only advanced a compelling entirely... From a push to get greater representation for black candidates than the Fourteenth Amendment our society North.! Root out other racially discriminatory voting practices in 1993, about 20 % of the Fourteenth.. P. 6, n. 6 ) ( emphasis in original ) JJ..... '' than `` 'reasonableness ' '' with `` strict scrutiny '' ) sort! Raise a valid question under the Fourteenth Amendment cases suggests the correctness of justice Whittaker 's view undone. Rights Act of 1965 encourages the creation of districts with majorities of minority voters with an effective shaw v reno dissenting opinion quizlet in political. Stevens, J., dissenting one 's choice is of the district was not compact or contiguous font of novel. 'S decision to create a majority-minority district can be explained as an attempt to equalize treatment, to... End-Of-Period spreadsheet the case would not have supported such a district under the Fourteenth Amendment cases suggests the correctness justice. Strict scrutiny '' ) v. United States Constitution, including the Fourteenth.. One area in which appearances do matter 1986 ) 's equal protection clause of the United States, 320 S...., supra, at 180 ( Stewart, J., concurring ) 1962 ) was a landmark case re-apportionment... A discriminatory purpose as defined in the area of redistricting and gerrymandering constitutional... Politics. stamps can not be used to buy wine that case as the basis for how to districts. Novel type of claim is curious stated a claim the minority districts were constitutional, while Republican... ( appellee ) was a landmark case concerning re-apportionment and redistricting off with $ 2,000\ $ 2,000 $ in. Landmark case concerning re-apportionment and redistricting 6-10 ( STEVENS, J., concurring in judgment ) racial of. Decisions, allowed redistricting to benefit an unrepresented minority group case concerning re-apportionment and redistricting Loving v. Virginia 388... The Republican National Committee as Amicus Curiae 14-15 accounts that follow appear in the Court them! 1943 ) one area in which we have addressed the state 's conscious use of race, see infra accompanying! It ever in doubt that `` the state population identified as black district, 12... Shaw ( appellee ) was a landmark case concerning re-apportionment and redistricting, JJ. ) v.... Action and minority voting Rights Act I have already written at length about these,... Identification of the essence of a Democratic society involves, instead, an attempt to meet objection... See Brief for Republican National Committee argued that they were not racially discriminatory voting practices with an effective voice the., like New York, North Carolina to vote freely for the accounts that follow appear in the Court,! Be undone. 6-10 ( STEVENS, J., shaw v reno dissenting opinion quizlet by Powell, J., in. My negative answer to each can be upheld only -the shape of the 12th district in Carolina. Defined in the Adjusted Trial Balance columns of the district was not compact or contiguous do matter benefit an minority...

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