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. Ibid. Since that system is at war with. Id., at 56-58. In the absence of an allegation of such harm, I would affirm the judgment of the District Court. 639-652. Two judges also concluded that, to the extent appellants challenged the Attorney General's preclearance decisions, their claim was foreclosed by this Court's holding in Morris v. Gressette, 432 U. S. 491 (1977). We summarily affirmed that decision. If a reapportionment plan creates a district that is so irregular that the only reason for its creation is to separate voters based on race, then an Equal Protection challenge against that plan is valid. Constitutional Principle. The majority, however, accepted the District Court's finding that the plaintiffs had failed to establish that the districts were in fact drawn on racial lines. The Twelfth District received even harsher criticism. Croson Co.(1989) (city contracting);Wygant v. Jackson Bd. If, on remand, the allegations of a racial gerrymander are not contradicted, the District Court must determine whether the plan is narrowly tailored to further a compelling governmental interest. JUSTICE WHITE WITH WHOM JUSTICE BLACKMUN AND JUSTICE STEVENS JOIN, DISSENTING. Limited by its own terms to cases involving unusually shaped districts, the Court's approach nonetheless will unnecessarily hinder to some extent a State's voluntary effort to ensure a modicum of minority representation. I nevertheless agree that the conscious use of race in redistricting does not violate the Equal Protection Clause unless the effect of the redistricting plan is to deny a particular group equal access to the political process or to minimize its voting strength unduly. 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." Justice Stevens wrote a separate dissent. Here, the Attorney General objected to the State's plan on the ground that it failed to draw a second majority-minority district for what appeared to be pretextual reasons. As long as members of racial groups have the commonality of interest implicit in our ability to talk about concepts like "minority voting strength," and "dilution of minority votes," cf. They sought similar relief against the federal appellees, arguing, alternatively, that the federal appellees had misconstrued the Voting Rights Act or that the Act itself was unconstitutional. The group claimed that the districts were racial gerrymanders that violated the equal protection clause of the Fourteenth Amendment. Ante, at 653. Location North Carolina General Assembly. 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. They were the first blacks to represent North Carolina, a state with a 20 percent black population, since 1901. Naomi buys $1,000 worth of American Express travelers checks and charges districts in order to comply with the Voting Rights Act. In other words, the purposeful creation of a majority-minority district could have discriminatory effect if it is achieved by means of "packing"-i. e., overconcentration of minority voters. The Attorney General objected to the plan on the ground that a second district could have been created to give effect to minority voting strength in the State's south-central to southeastern region. Id., at 59. Const., Arndt. The court agreed unanimously that it lacked subject matter jurisdiction by reason of 14(b) of the Voting Rights Act, 42 U. S. C. 1973l(b), which vests the District Court for the District of Columbia with exclusive jurisdiction to issue injunctions against the execution of the Act and to enjoin actions taken by federal officers pursuant thereto. to Brief for Federal Appellees lOa-lla. But just because there frequently will be a constitutionally permissible use of race in electoral districting, as exemplified by the consideration of race to comply with the Voting Rights Act (quite apart from the consideration of race to remedy a violation of the Act or the Consti-. given $1,000\$1,000$1,000 in food stamps to supplement his $1,000\$1,000$1,000 Shaw v. Reno is an important decision because it represents a conservative shift on the Court. After the General Assembly passed legislation creating the second district, a group of white voters in North Carolina, led by Ruth O. Shaw, sued on the grounds that the district was an unconstitutional gerrymander . The U.S. Supreme Court and the federal government should encourage states to find ways to comply with the act, even if compliance results in oddly shaped districts, the attorney argued. Ruth O. Shaw, a North Carolina resident who led a group of white voters in the lawsuit, Justices Rehnquist, O'Connor, Scalia, Kennedy, Thomas. The existence of bizarre and uncouth district boundaries is powerful evidence of an ulterior purpose behind the shaping of those boundaries-usually a purpose to advantage the political party in control of the districting process. U. S. (equating various articulations of standards of review "more stringent" than "'reasonableness'" with "strict scrutiny"). The facts of this case mirror those presented inUnited Jewish Organizations of Williamsburgh, Inc. v. Carey(1977) (UJO), where the Court rejected a claim that creation of a majority-minority district violated the Constitution, either as aper sematter or in light of the circumstances leading to the creation of such a district. 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." BLACKMUN, J., post, p. 676, STEVENS, J., post, p. 676, and SOUTER, J., post, p. 679, filed dissenting opinions. the community, they violate the constitutional guarantee of equal protection"); Davis v. Bandemer, 478 U. S., at 178-183, and nn. This new plant is expected to generate aftertax cash flows of$9.4 million in perpetuity. It reinforces the perception that members of the same racial group-regardless of their age, education, economic status, or the community in which they live-think alike, share the same political interests, and will prefer the same candidates at the polls. See supra, at 647-649. Race in redistricting is permissible as long as configurations are not too extreme, ch 7 part 2 prep pronouns and demonstratives, Christina Dejong, Christopher E. Smith, George F Cole, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. (1) The Common Cause District Court concluded that all but one of the districts in North Carolina's 2016 Plan violated the Equal Protection Clause by intentionally diluting the voting strength of Demo crats. 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. 442 U. S., at 272. 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. At some points the district was no wider than Interstate 85, prompting one state legislator to remark that if "you drove down the interstate with both car doors open, you'd kill most of the people in the district." H. Jefferson Powell argued the cause for state appellees. But it suffices to illustrate the unworkability of a standard that is divorced from any measure of constitutional harm. The plaintiffs alleged that the plan was drawn with the intent to segregate voters on the basis of race, in violation of the Fourteenth and Fifteenth Amendments. I add these comments to emphasize that the two critical facts in this case are undisputed: First, the shape of District 12 is so bizarre that it must have been drawn for the purpose of either advantaging or disadvantaging a cognizable group of voters; and, second, regardless of that shape, it was drawn for the purpose of facilitating the election of a second black representative from North Carolina. Dissenting Opinion. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. I respectfully dissent. 1983). Id., at 56 (internal quotation marks omitted); id., at 58 (Harlan, J., concurring); id., at 59-62 (Douglas, J., dissenting). 92-357 Argued: April 20, 1993 Decided: June 28, 1993. 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). See Palmer v. Thompson, 403 U. S. 217, 225 (1971); United States v. O'Brien, 391 U. S. 367, 385 (1968). facilitating the election of a member of an identifiable group of voters? Alabama's exercise in geometry was but one example of the racial discrimination in voting that persisted in parts of this country nearly a century after ratification of the Fifteenth Amendment. of Ed., 476 U. S. 267, 279-280 (1986) (plurality opinion of Powell, J.) See post, at 684 (dissenting opinion). What was Justice Blackmun's dissent opinion? So, too, would be a case in which a State concentrated a dispersed minority population in a single district by disregarding traditional districting principles such as compactness, contiguity, and respect for political subdivisions. In Gomillion, in short, the group that formed the majority at the state level purportedly set out to manipulate city boundaries in order to remove members of the minority, thereby denying them valuable municipal services. v. Bakke, supra, at 305 (opinion of Powell, J.). of Cal. The First District was somewhat hook-shaped, beginning in the northeastern part of the state and tapering down with fingerlike extensions almost to the South Carolina border. They have made no showing that the redistricting scheme was employed as part of a 'contrivance to segregate'; to minimize or cancel out the voting strength of a minority class or interest; or otherwise to impair or burden the opportunity of affected persons to participate in the political process." Research* indicates that the body temperature T(t)T(t)T(t) (in C{ }^{\circ} \mathrm{C}C ) of patients with Alzheimer's disease fluctuates periodically over a 24-hour period according to the formula, T(t)=37.29+0.46cos[(t16.37)12]T(t)=37.29+0.46 \cos \left[\frac{\pi(t-16.37)}{12}\right] In other words, the "analytically distinct claim" the majority discovers today was in plain view and did not carry the day for petitioners. Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. They alleged that the two districts concentrated a majority of black voters arbitrarily without regard to considerations such as compactness, contiguousness, geographical boundaries, or political subdivisions, in order to create congressional districts along racial lines and to assure the election of two black representatives. Justice Frankfurter characterized the complaint as alleging a deprivation of the right to vote in violation of the Fifteenth Amendment. Ibid. The Supreme Court of the United States (Supreme Court) held that the Appellants, Shaw and others (Appellants), have a legitimate claim that North Carolina's redistricting scheme was so irregular on its face that it could only be viewed as an effort to segregate races for the purposes of voting, without regard for traditional districting See Part V for a discussion of these dissenting opinions. What was argued? 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. 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." Such evidence will always be useful in cases that lack other evidence of invidious intent. As we have explained, however, reapportionment legislation that cannot be understood as anything other than an effort to classify and separate voters by race injures voters in other ways. Drawing on the "one person, one vote" principle, this Court recognized that "[t]he right to vote can be affected by a dilution of voting power as well as by an absolute prohibition on casting a ballot.". The Court's opinion essentially calls into question the validity of the entire makeup of the House of Representatives because in most of the States there was a significant difference in the populations of their congressional districts. 1 It has been argued that the required showing of discriminatory effect should be lessened once a plaintiff successfully demonstrates intentional discrimination. zarre shape of District 12 demonstrates, and that there is no evidence of black political cohesion. v. Feeney, 442 U. S. 256, 272 (1979). Croson, supra, at 493 (plurality opinion); UJO, supra, at 173 (Brennan, J., concurring in part) ("[E]ven in the pursuit of remedial objectives, an explicit policy of assignment by race may serve to stimulate our society's latent race consciousness, suggesting the utility and propriety of basing decisions on a factor that ideally bears no relationship to an individual's worth or needs"). Race in redistricting is permissible as long as configurations are not too extreme. In response, the state legislature revised the plan in a way that created two districts (the First and the Twelfth) that would have a majority of black voters. burden of demonstrating that the plan was meant to, and did in fact, exclude an identifiable racial group from participation in the political process. Gomillion, in which a tortured municipal boundary line was drawn to exclude black voters, was such a case. Id., at 154, n. 14 (quoting Brief for Petitioners, O. 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