Shaw v. Hunt, 861 F. Supp. T(t)=37.29+0.46cos[12(t16.37)]. Post, at 678 (STEVENS, J., dissenting). Centered in the northeast portion of the State, it moves southward until it tapers to a narrow band; then, with finger-like extensions, it reaches far into the southernmost part of the State near the South Carolina border. 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." What is the NPV of the new plant? But numerous North Carolinians did. I summed up my views on this matter in the plurality opinion in Davis v. Bandemer, 478 U. S. 109 (1986).3 Because districting inevitably is the expression of interest group politics, and because "the power to influence the political process is not limited to winning elections," id., at 132. "As long as members of racial groups have [a] commonality of interest" and "racial bloc voting takes place," he argues, "legislators will have to take race into account" in order to comply with the Voting Rights Act. Edwin S. Kneedler argued the cause for federal appellees. It is shortsighted as well, for a regularly shaped district can just as effectively effectuate racially discriminatory gerrymandering as an odd-shaped one.9 By focusing on looks rather than impact, the majority "immediately casts attention in the wrong direction-toward superficialities of shape and size, rather than toward the political realities of district composition." This is altogether antithetical to our system of representative democracy. or What? 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. It is against this background that we confront the questions presented here. The State's revised plan contained a second majority-black district in the north-central region. But it soon became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory voting practices. Carr (1962) was a landmark case concerning re-apportionment and redistricting. of Elections, 393 U. S. 544, 569 (1969) (emphasis added). Part of the explanation for the majority's approach has to do, perhaps, with the emotions stirred by words such as "segregation" and "political apartheid." 92-357 . Gomillion v. Lightfoot, 364 U. S. 339, 340 (1960). In fact, our country's long and persistent history of racial discrimination in voting-as well as our Fourteenth Amendment jurisprudence, which always has reserved the strictest scrutiny for discrimination on the basis of race, see supra, at 642-644-would seem to compel the opposite conclusion. by Herbert Wachtell, William H. Brown III, Thomas J. Henderson, Frank R. Parker, Brenda Wright, Nicholas DeB. Pp. 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-. 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. In that regard, it closely resembles the present case. Where was the Rule of Law or Legal Principle Applied? Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). For the reasons stated by JUSTICE WHITE, the decision of the District Court should be affirmed. Shaw v. Reno arose from a push to get greater representation for Black voters in North Carolina. (b) Classifications of citizens based solely on race are by their nature odious to a free people whose institutions are founded upon the doctrine of equality, because they threaten to stigmatize persons by reason of their membership in a racial group and to incite racial hostility. See id., at 55,58. 633, 637 (1983). See Richmond v. J. 10 This appears to be what has occurred in this instance. As the Court noted, the "inevitable effect of this redefinition of Tuskegee's boundaries" was "to deprive the Negro petitioners discriminatorily of the benefits of residence in Tuskegee." 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. 20, 1993, p. A4. See ante, at 652 (acknowledging that "UJO set forth a standard under which white voters can establish unconstitutional vote dilution"). Post, at 668 (WHITE, J., dissenting). 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. 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. v. EVAN MILLIGAN, ET AL. The voting age population of North Carolina is approximately 78% white, 20% black, and 1% Native American; the remaining 1% is predominantly Asian. In the present case, the facts could sustain no such allegation. The Court offers them no explanation of this paradox. -the shape of the district was not compact or contiguous. If not, it does not. 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, see id., at 165-168 (opinion of WHITE, J., joined by REHNQUIST and STEVENS, JJ. See ante, at 666-667, and n. 6 (dissenting opinion). The Twelfth District received even harsher criticism. Our conclusion is supported by the plurality opinion in UJO, in which four Justices determined that New York's creation of additional majority-minority districts was constitutional because the plaintiffs had failed to demonstrate that the State "did more than the Attorney General was authorized to require it to do under the nonretrogression principle of Beer." It does so by glossing over the striking similarities, focusing on surface differences, most notably the (admittedly unusual) shape of the newly created districtand imagining an entirely new cause of action. ); see also post, at 662-663 (opinion of WHITE, J.). The Equal Protection Clause provides that "[n]o State shall deny to any person within its jurisdiction the equal protection of the laws." Every Member of the Court assumed that the plaintiffs' allegation that the statute "segregate[d] eligible voters by race and place of origin" stated a constitutional claim. I believe that the Equal Protection Clause is violated when the State creates the kind of uncouth district boundaries seen inKarcher v. Daggett(1983),Gomillion v. Lightfoot)(1960), and this case, for the sole purpose of making it more difficult for members of a minority group to win an election. Appellants are five residents of Dur-. Supp., at 468-469. several smaller, dispersed facilities? 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." As stated above, five Justices were of the view that, absent any contention that the proposed plan was adopted with the intent, or had the effect, of unduly minimizing the white majority's voting strength, the Fourteenth Amendment was not implicated. In my view there is no justification for the. Connor, supra, at 425. Webster's Collegiate Dictionary 1063 (9th ed. U. S. Such districting might have both the intent and effect of "packing" members of the group so as to deprive them of any influence in other districts. If it is permissible to draw boundaries to provide adequate representation for rural voters, for union members, for Hasidic Jews, for Polish Americans, or for Republicans, it necessarily follows that it is permissible to do the same thing for members of the very minority group whose history in the United States gave birth to the Equal Protection Clause. A contrary conclusion could only be described as perverse. Ruth O. Shaw, a North Carolina resident who led a group of white voters in the lawsuit, Justices Rehnquist, O'Connor, Scalia, Kennedy, Thomas. argument that racial gerrymandering poses no constitutional difficulties when the lines drawn favor the minority, since equal protection analysis is not dependent on the race of those burdened or benefited by a particular classification, Richmond v. J. Despite their invocation of the ideal of a "color-blind" Constitution, seePlessy v. Ferguson(1896) (Harlan, J., dissenting), appellants appear to concede that race-conscious redistricting is not always unconstitutional. That concession is wise: This Court never has held that race-conscious state decisionmaking is impermissible inallcircumstances. This Court's subsequent reliance on Gomillion in other Fourteenth Amendment cases suggests the correctness of Justice Whittaker's view. After the 1990 census, the North Carolina General Assembly redrew its congressional districts to account for changes in population. As explained below, that position cannot be squared with the one taken by the majority in this case. It reinforces racial stereotypes and threatens to undermine our system of representative democracy by signaling to elected officials that they represent a particular racial group rather than their constituency as a whole. What I am saying is that in electoral districting there frequently are permissible uses of race, such as its use to comply with the Voting Rights Act, as well as impermissible ones. u. S. 735, 753 (1973); see also Mobile v. Bolden, supra, at 86-87 (STEVENS, J., concurring in judgment). Statement 102a. To help you find the subject, ask, Who answered? 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." That sort of race consciousness does not lead inevitably to impermissible race discrimination. Despite their invocation of the ideal of a "color-blind" Constitution, see Plessy v. Ferguson, 163 U. S. 537, 559 (1896) (Harlan, J., dissenting), appellants appear to concede that race-conscious redistricting is not always unconstitutional. Became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory practices... 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