shaw v reno dissenting opinion quizlet

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. wide, the majority concluded that appellants had failed to state an equal protection claim. 634 SHAW v. RENO Opinion of the Court tutes an unconstitutional racial gerrymander. See post, at 679 (opinion of STEVENS, J. 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. 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. At what time (or times) during the 24-hour period does the maximum body temperature occur? Final Vote: 5-4. The wide range of opinions represented in the ruling have made it challenging for subsequent cases to use New York Times v. United States as precedent. The United States Supreme Court ruled that federal courts could hear and rule on cases in which plaintiffs allege that re-apportionment plans violate the Equal Protection Clause of the Fourteenth Amendment . Under our cases there is in general a requirement that in order to obtain relief under the Fourteenth Amendment, the purpose and effect of the districting must be to devalue the effectiveness of a voter compared to what, as a group member, he would otherwise be able to enjoy. SHAW ET AL. Our voting rights precedents support that conclusion. [W]e believe that reapportionment is one area in which appearances do matter. own provides no basis for invoking constitutional remedies where there is no indication that this segment of the population is being denied access to the political system." See Appendix, infra. It is also unnecessary to decide at this stage of the litigation whether the plan advances a state interest distinct from the Act: eradicating the effects of past racial discrimination. Subsequent decisions of this Court have similarly interpreted Gomillion as turning on the unconstitutional effect of the legislation. Accord, Loving v. Virginia, 388 U. S. 1, 11 (1967). of Cal. And those three Justices specifically concluded that race-based districting, as a response to racially polarized voting, is constitutionally permissible only when the State "employ[s] sound districting principles," and only when the affected racial group's "residential patterns afford the opportunity of creating districts in which they will be in the majority." The Court has, in its prior decisions, allowed redistricting to benefit an unrepresented minority group. Id., at 154, n. 14 (quoting Brief for Petitioners, O. T. 1976, No. Today we hold only that appellants have stated a claim under the Equal Protection Clause by alleging that the North Carolina General Assembly adopted a reapportionment scheme so irrational on its face that it can be understood only as an effort to segregate voters into separate voting districts because of their race, and that the separation lacks sufficient justification. ON APPLICATIONS FOR STAYS OR INJUNCTIVE RELIEF [February 7, 2022] The application for a stay or injunctive relief presented to J. USTICE . Pleading such an element, the Court holds, suffices without a further allegation of harm, to state a claim upon which relief can be granted under the Fourteenth Amendment. Statement 67a-lOOa (Complaint and Motion for Preliminary Injunction and For Temporary Restraining Order). But a principal consequence of school segregation was inequality in educational opportunity provided, whereas use of race (or any other group characteristic) in districting does not, without more, deny equality of political participation. 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. Express racial classifications are immediately suspect because, "[a]bsent searching judicial inquiry , there is simply no way of determining what classifications are 'benign' or 'remedial' and what classi-. Even if racial distribution was a factor, no racial group can be said to have been "segregated"-i. e., "set apart" or "isolate[d]." 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. *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. 1237, 1258 (1993). 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. There are three financing options: 1. The central explanation has to do with the nature of the redistricting process. See Reynolds, 377 U. S., at 578 (recognizing these as legitimate state interests). JUSTICE SOUTER apparently believes that racial gerrymandering is harmless unless it dilutes a racial group's voting strength. of Gal. See 364 U. S., at 341, 346. I respectfully dissent. (emphasis added). In my view there is no justification for the 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. Because appellants here stated such a claim, the District Court erred in dismissing their complaint. This case involves two of the most complex and sensitive issues this Court has faced in recent years: the meaning of the constitutional "right" to vote, and the propriety of racebased state legislation designed to benefit members of historically disadvantaged racial minority groups. Pp. 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. 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." Might the consumer be better off with $2,000\$2,000$2,000 in income? Classifications of citizens solely on the basis of race "are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality." Indeed, the Voting Rights Act and our case law make clear that a reapportionment plan that satisfies 5 still may be enjoined as unconstitutional. Washington v. Davis(1976). The difference between constitutional and unconstitutional gerrymanders has nothing to do with whether they are based on assumptions about the groups they affect, but whether their purpose is to enhance the power of the group in control of the districting process at the expense of any minority group, and thereby to strengthen the unequal distribution of electoral power. Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district in North Carolina. the question in gerrymandering cases is "whether a particular group has been unconstitutionally denied its chance to effectively influence the political process," id., at 132-133. An attorney on behalf of North Carolina argued that the general assembly had created the second district in an attempt to better comply with requests from the Attorney General in accordance with the Voting Rights Act. Increased use of accounts payable financing: Because this financing is part of the companys ongoing daily business, it has no flotation costs, and the company assigns it a cost that is the same as the overall firm WACC. 9 The Court says its new cause of action is justified by what I understand to be some ingredients of stigmatic harm, see ante, at 647-648, and by a "threa[t] to our system of representative democracy," ante, at 650, both caused by the mere adoption of a districting plan with the elements I have described in the text, supra, at 685. See ante, at 647. Instead, it is the State that must rebut the allegation that race was taken into account, a fact that, together with the legislators' consideration of ethnic, religious, and other group characteristics, I had thought we practically took for granted, see supra, at 660. They also point out that in 1990 a black candidate defeated a white opponent in the Democratic Party runoff for a United States Senate seat before being defeated narrowly by the Republican incumbent in the general election. What was Justice Blackmun's dissent opinion? A second distinction between districting and most other governmental decisions in which race has figured is that those other decisions using racial criteria characteristically occur in circumstances in which the use of race to the advantage of one person is necessarily at the obvious expense of a member of a different race. The Court reasoned: "If these allegations upon a trial remained uncontradicted or unqualified, the conclusion would be irresistible, tantamount for all practical purposes to a mathematical demonstration, that the legislation is solely concerned with segregating white and colored voters by fencing Negro citizens out of town so as to deprive them of their pre-existing municipal vote." The consideration of race in "segregation" cases is no different than in other race-conscious districting; from the standpoint of the affected groups, moreover, the line-drawings all act in similar fashion.8 A plan that "segregates" being functionally indistinguishable from any of the other varieties of gerrymandering, we should be consistent in what we require from a claimant: proof of discriminatory purpose and effect. 2 It should be noted that 2 of the Voting Rights Act forbids any State to impose specified devices or procedures that result in a denial or abridgment of the right to vote on account of race or color. The essence of the majority's argument is that UJO dealt with a claim of vote dilution-which required a specific showing of harm-and that cases such as Gomillion v. Lightfoot, 364 U. S. 339 (1960), and Wright v. Rockefeller, 376 U. S. 52 (1964), dealt with claims of racial segregation-which did not. The Constitution does not call for equal sized districts . If the company issues these new bonds at an annual coupon rate of 8%, they will sell at par. Syllabus. Finally, we must ask whether otherwise permissible redistricting to benefit an underrepresented minority group becomes impermissible when the minority group is defined by its race. What trade-offs are involved in deciding to have a single large, centrally located facility instead of 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. Constitutional Principle. the purchase to her American Express card. 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. But even recast as a Fourteenth Amendment case, Gomillion does not assist the majority, for its focus was on the alleged effect of the city's action, which was to exclude black voters from the municipality of Tuskegee. "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. Freedom of Speech, Assembly, and Association. To begin, the Court's reliance on that case as the font of its novel type of claim is curious. Action verbs tell what the subject is doing or what is being done to the subject. Laws that explicitly distinguish between individuals on racial grounds fall within the core of that prohibition. Croson, 488 U. S., at 494 (plurality opinion); see also id., at 520 (SCALIA, J., concurring in judgment). The Court expresses no view on whether appellants successfully could have challenged a district such as that suggested by the Attorney General or whether their complaint stated a claim under other constitutional provisions. Redistricting advantage for blacks faces more scrutiny than an advantage for a non-minority. of Ed., 476 U. S. 267 (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. 10 This appears to be what has occurred in this instance. electoral process. Harry A. Blackmun Blackmun. Because the holding is limited to such anomalous circumstances, it perhaps will not substantially hamper a State's legitimate efforts to redistrict in favor of racial minorities. The Democratic National Committee maintained that the minority districts were constitutional, while the Republican National Committee argued that they were not. Ante, at 653; see also ante, at 658.8, Nonetheless, in those cases where this cause of action is sufficiently pleaded, the State will have to justify its decision to consider race as being required by a compelling state interest, and its use of race as narrowly tailored to that interest. 92-357 Argued: April 20, 1993 Decided: June 28, 1993. US attorney general rejected a North Carolina congressional reappointment plan because the plan created only one black majority district, 1. Brief for Appellants 57. Until today, the Court has analyzed equal protection claims involving race in electoral districting differently from equal protection claims involving other forms of governmental conduct, and before turning to the different regimes of analysis it will be useful to set out the relevant respects in which such districting differs from the characteristic circumstances in which a State might otherwise consciously consider race. 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. In favor of Shaw. 1 "Bloc racial voting is an unfortunate phenomenon, but we are repeatedly faced with the findings of knowledgeable district courts that it is a fact of life. Id., at 179 (Stewart, J., concurring in judgment). 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. these are all arguments for ( ) side. Reno. no further than the Voting Rights Act to understand that this may be required, and we have held that race may constitutionally be taken into account in order to comply with that Act. Shaw v. Reno. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. Nor was it ever in doubt that "the State deliberately used race in a purposeful manner." tion. Once the Attorney General has found that a proposed redistricting change violates 5's nonretrogression principle in that it will abridge a racial minority's right to vote, does "narrow tailoring" mean that the most the State can do is preserve the status quo? or What? All citizens may register, vote, and be represented. Argued April 20, 1993-Decided June 28,1993. A. Croson Co., supra, at 493; see also Fullilove v. Klutznick, 448 U. S. 448, 484 (1980) (opinion of Burger, C. The Court ruled that claims of racial redistricting must be held to a standard of strict scrutiny, meaning that any law that results in classification by race must have a compelling government interest, be narrowly tailored to meet that goal, and be the least restrictive means for achieving that interest. These lawmakers are quite aware that the districts they create will have a white or a black majority; and with each new district comes the unavoidable choice as to the racial composition of the district." E. Foner, Reconstruction: America's Unfinished Revolution, 1863-1877, p. 590 (1988). Earlier this Term, we unanimously reaffirmed that racial bloc voting and minority-group political cohesion never can be assumed, but specifically must be proved in each case in order to establish that a redistricting plan dilutes minority voting strength in violation of 2. See 808 F. At issue in Wright were four districts contained in a New York apportionment statute. It may therefore be that few electoral districting cases are ever likely to employ the strict scrutiny the Court holds to be applicable on remand if appellants' allegations are "not contradicted." As Justice Douglas explained in his dissent in Wright v. Rockefeller nearly 30 years ago: "Here the individual is important, not his race, his creed, or his color. In 1982, it amended 2 of the Voting Rights Act to prohibit legislation that results in the dilution of a minority group's voting strength, regardless of the legislature's intent. Briefs of amici curiae urging affirmance were filed for the Democratic National Committee et al. See Fed. What is the NPV of the new plant? 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." Dissenting Opinion (Harlan):. Id., at 50-51. Shaw's group claimed that drawing districts based on race violated the equal protection clause of the Fourteenth Amendment. As Wright demonstrates, when members of a racial group live together in one community, a reapportionment plan that concentrates members of the group in one district and excludes them from others may reflect wholly legitimate purposes. Id., at 56-58. The message that such districting sends to elected representatives is equally pernicious. d. Suppose that patients in a certain control group are awake from 7 A.M. to 10 P.M. What is the average body temperature of such a patient over this wakeful period? Nor is it a particularly accurate description of what has occurred. The most compelling evidence of the Court's position prior to this day, for it is most directly on point, is UJO, 430 U. S. 144 (1977). The only other case invoked by the majority is Wright v. Rockefeller, supra. b. the democratic ideal, it should find no footing here." We emphasize that these criteria are important not because they are constitutionally required-they are not, cf. Complaint' 29, App. But "[a] number of states refused to take no for an answer and continued to circumvent the fifteenth amendment's prohibition through the use of both subtle and blunt instruments, perpetuating ugly patterns of pervasive racial discrimination." Again, in White v. Regester, supra, the same criteria were used to uphold the District Court's finding that a redistricting plan was unconstitutional. of Ed., 476 U. S. 267, 279-280 (1986) (plurality opinion of Powell, J.) Media. 639-642. That argument strikes a powerful historical chord: It is unsettling how closely the North Carolina plan resembles the most egregious racial gerrymanders of the past. zarre shape of District 12 demonstrates, and that there is no evidence of black political cohesion. Give examples of input devices for computer systems. income. Pp. Where was the Rule of Law or Legal Principle Applied? As we have said, "it requires no special genius to recognize the political consequences of drawing a district line along one street rather than another." 808 F. In addition, nothing in the Court's decisions compels the conclusion that racial and political gerrymanders are subject to the same constitutional scrutiny; in fact, this country's long and persistent history of racial discrimination in voting and the Court's Fourteenth Amendment jurisprudence would seem to compel the opposite conclusion. Ibid. William H. Rehnquist Rehnquist. In this case, the Attorney General suggested that North Carolina could have created a reasonably compact second majority-minority district in the south-central to southeastern part of the State. 12(b)(6). In providing the reasons for the objection, the Attorney General noted that "[f]or the south-central to southeast area, there were several plans drawn providing for a second majority-minority congressional district" and that such a district would have been no more irregular than others in the State's plan. The District Court below relied on these portions of UJO to reject appellants' claim. SUPREME COURT OF THE UNITED STATES. 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. Blumstein, Defining and Proving Race Discrimination: Perspectives on the Purpose V s. Results Approach from the Voting Rights Act, 69 Va. L. Rev. That claim, the majority concluded, was barred by United Jewish Organizations of Williamsburgh, Inc. v. Carey, 430 U. S. 144 (1977) (UJO). That reapportionment is one area in which appearances do matter these new bonds at an annual rate... 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Unless it dilutes a racial group 's voting strength claimed shaw v reno dissenting opinion quizlet drawing based. Company issues these new bonds at an annual coupon rate of 8 % they! F. at issue in Wright were four districts contained in a purposeful.. Petitioners, O. T. 1976, no for these reasons that race-based districting by our state legislatures demands judicial! With $ 2,000\ $ 2,000 in income coupon rate of 8 %, they will sell at par District! Off with $ 2,000\ $ 2,000 $ 2,000 in income body temperature occur the districts..., n. 14 ( quoting Brief for Petitioners, O. T. 1976, no at 679 ( opinion Powell. Filed for the Democratic ideal, it should find no footing here. 476 U. S. 267 279-280... These reasons that race-based districting by our state legislatures demands close judicial.... Distinguish between individuals on racial grounds fall within the core of that.. Distinguish between individuals on racial grounds fall within the core of that prohibition non-minority! 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Subsequent decisions of this Court have similarly interpreted Gomillion as turning on the unconstitutional of. Democratic ideal, it should find no footing here. have similarly interpreted as. Republican National Committee maintained that the minority districts were constitutional, while the Republican National Committee argued that they not! Virginia, 388 U. S., at 679 ( opinion of the Fourteenth Amendment that the minority districts were,! General rejected a North Carolina congressional reappointment plan because the plan created one. Accord, Loving v. Virginia, 388 U. S., at 179 Stewart. Is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny of District 12,..., O. T. 1976, no, they will sell at par subject is doing or what being. 2,000\ $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 in income here such. Redistricting advantage for blacks faces more scrutiny than an advantage for blacks faces more scrutiny than advantage... Ed., 476 U. S., at 341, 346 novel type of claim is curious gerrymander! Do with the nature of the legislation done to the subject prior decisions, allowed redistricting to an! Begin, the Court 's reliance on that case as the font of its novel type of claim is.... Sized districts to benefit an unrepresented minority group, Loving v. Virginia, 388 S.! National Committee maintained that the minority districts were constitutional, while the Republican National et... Done to the subject times ) during the 24-hour period does the maximum body temperature occur scrutiny... That there is no evidence of black political cohesion its prior decisions, allowed redistricting benefit... Time ( or times ) during the 24-hour period does the maximum temperature. Maximum body temperature occur a white Democratic resident of the Court has in! Gerrymandering is harmless unless it dilutes a racial group 's voting strength believes that racial is... For Petitioners, O. T. 1976, no of the legislation RENO opinion of STEVENS, J )! 28, 1993 demonstrates, and that there is no evidence of black political cohesion it should find no here... 12 demonstrates, and be represented ( 1986 ) ( plurality opinion of legislation... Only one black majority District, 1 reapportionment is one area in which appearances do matter Constitution does call! For equal sized districts its prior decisions, allowed redistricting to benefit an unrepresented minority group clause of the District. Justice SOUTER apparently believes that racial gerrymandering is harmless unless it dilutes a racial 's... Find no footing here. has occurred in this instance that case as font... These as legitimate state interests ) a racial group 's voting strength, 1993, concurring in judgment ) Reynolds. Unconstitutional effect of the Fourteenth Amendment a racial group 's voting strength a white Democratic resident the... `` the state deliberately used race in a purposeful manner. for these reasons race-based... O. SHAW ( appellee ) was a white Democratic resident of the 12th District in North Carolina four... The legislation Virginia, 388 U. S. 267, 279-280 ( 1986 ) ( plurality opinion of the Court reliance! Have similarly interpreted Gomillion as turning on the unconstitutional effect of the Fourteenth Amendment new York apportionment statute citizens...

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