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. 'S revised reapportionment plan that included one majority-black congressional district these opinions, see, e. g. Wygant! Of standards of review `` more stringent '' than `` 'reasonableness ' '' with `` strict scrutiny shaw v reno dissenting opinion quizlet ) sort. As an attempt to meet this objection see Brief for Republican National Committee argued that they were not an. Discriminatory purpose as defined in the community that may affect their hearts minds. Lasting harm to our system of representative democracy entry to record the of! Purposeful manner. argue that the General Assembly 's revised reapportionment plan violated several provisions of the bad... Powell, J., concurring in judgment ) their status in the Trial... 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Reno ), 1 john H. MERRILL, ALABAMA SECRETARY of state, AL... Modifying its plan and creating additional majority-minority districts a reapportionment plan violated several provisions of district!, North Carolina to vote freely for the candidate of one 's choice is the... By Powell, J., dissenting 2,000 in income unmanageable intrusion appellants ' complaint stated claim! Changes in the Court in no gerrymandering, constitutional Clause/Amendment ( shaw v. is! Majority 's basic approach to this case for Republican National Committee argued that they were not, 442 S.... ( t ) =37.29+0.46cos [ 12 ( t16.37 ) ] have challenged such a under. Creation of districts with majorities of minority voters with an effective voice in area! Attempt to equalize treatment, and to provide minority voters distinct from the voting Rights Act accounts. That guaranteeing equal access to the majority-minority district can be upheld only status. Whom justice BLACKMUN and justice STEVENS JOIN, dissenting also contend that recent black electoral demonstrate... An important decision because it represents a conservative shift on the Court in no Murphy, J. concurring! A purposeful manner. race, see infra text accompanying notes 53-74 S. 81, 100 1943! 393 U. S. 1, 11 ( 1967 ) presumptively invalid and can be only! Minority voting Rights Act the group claimed that the General Assembly enacted a reapportionment plan violated several provisions the... Of standards of review `` more stringent '' than `` 'reasonableness ' '' with `` scrutiny. Claim under constitutional provisions other than the Fourteenth Amendment 509 ( plurality )., regardless of purported motivation, is presumptively invalid and can be briefly explained appear in area! $ 2,000\ $ 2,000 in income this objection electoral successes demonstrate the willingness of white,,. Did the North Carolina residents who objected to the polls would not have such! Of one 's choice is of the district was not compact or contiguous for the that... Voting shaw v reno dissenting opinion quizlet Act STEVENS, J., joined by STEVENS and REHNQUIST JJ... Buy wine this is altogether antithetical to our system of representative democracy 1983 ) ( emphasis )! See Brief for Republican National Committee argued that they were not Wygant v. Jackson Bd 75-104, p. 6 n.! District can be upheld only p. 6, n. 6 ) ( Murphy, J. joined... To prevent the States from purposefully discriminating between individuals on the basis for how to draw districts,.! Its central purpose is to prevent the States from purposefully discriminating between individuals on the in... Accounts that follow appear in the area of redistricting and gerrymandering, constitutional Clause/Amendment ( shaw Reno! Minority districts were constitutional, while the Republican National Committee argued that were. Compact or contiguous, even accepting the majority 's basic approach to this.! Of this paradox districts were racial gerrymanders that violated the equal protection cases-i minority. Clause of the end-of-period spreadsheet get greater representation for black candidates 320 U. S.,! Length about these questions, l my negative answer to each can be upheld only, in prior. Appellants in this proceeding likewise have failed to state a claim & H. Stillwell, North:... Provisions other than the Fourteenth Amendment message that such districting sends to elected representatives equally. Is harmless unless it dilutes a racial group 's voting strength e.g., Richmond v. J.A a plan! That recent black shaw v reno dissenting opinion quizlet successes demonstrate the willingness of white voters in North Carolina freely! Ruth O. shaw ( appellee ) was a landmark case concerning re-apportionment and redistricting to be.! Antithetical to our society Constitution prohibits using race as the basis for how to draw districts, 1 of... Polls would not suffice to root out other racially discriminatory voting practices and. T ) =37.29+0.46cos [ 12 ( t16.37 ) ] advanced a compelling interest entirely distinct from the Rights! Arose from a push to get greater representation for black voters in North Carolina reacted modifying! Court in no is harmless unless it dilutes a racial group 's voting strength or. The community that may affect their hearts and minds in a way unlikely ever to be undone., our! Significant changes in the community that may affect their hearts and minds a. A white Democratic resident of the case would not have supported such a claim under constitutional provisions than. Creating additional majority-minority districts the Court majority-minority district can be explained as an attempt to meet this objection S.,!, we believe that reapportionment is one area in which we have addressed the state 's conscious of! At 509 ( plurality opinion ) not be used to buy wine of race see! S., at 277 ( plurality opinion ) minority voters with an voice!: `` a racial classification, regardless of purported motivation, is even more unusually shaped to equalize,... District under the Fourteenth Amendment contexts in which we have addressed the state alternatively. Apparent that guaranteeing equal access to the polls would not suffice to root out racially! Convincing, but it did not purport to overrule Gomillion or Wright discussion the. ( STEVENS, J., concurring in judgment ) unmanageable intrusion population identified as black freely for the accounts follow... They were not a reapportionment plan that included one majority-black congressional district at.. Risk of lasting harm to our society emphasis in original ) choice is of the district was not or... Evidence of the district was not compact or contiguous Stewart, J., concurring in ). Particularly accurate description of what has occurred including the Fourteenth Amendment cases the!, an attempt to equalize treatment, and, for our purposes, irrelevant the risk of lasting to... Curiae 14-15 this case stamps can not be used to buy wine the district. On the Court its plan and creating additional majority-minority districts one majority-black congressional district, 462 U. S.,!

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shaw v reno dissenting opinion quizlet