At what time (or times) during the 24-hour period does the maximum body temperature occur? Moreover, it seems clear to us that proof sometimes will not be difficult at all. Redistricting advantage for blacks faces more scrutiny than an advantage for a non-minority. The General Assembly located the second district not in the south-central to southeastern part of the State, but in the north-central region along Interstate 85. We summarily affirmed that decision. 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. O. Gade & H. Stillwell, North Carolina: People and Environments 65-68 (1986). Wygant v. Jackson Bd. Journalize the entry to record and establish the allowance using the percentage method for January credit sales. Shaw v. Reno arose from a push to get greater representation for Black voters in North Carolina. Nor is there any support for the. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. Ruth O. Shaw, a North Carolina resident who led a group of white voters in the lawsuit, Justices Rehnquist, O'Connor, Scalia, Kennedy, Thomas. R. Dixon, Democratic Representation: Reapportionment in Law and Politics 459 (1968). The other part of the majority's explanation of its holding is related to its simultaneous discomfort and fascination with irregularly shaped districts. 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. Gomillion v. Lightfoot, 364 U. S. 339, 340 (1960). Legislation that classifies a person or group of people solely based on their race is, by its nature, a threat to a system that strives to achieve equality, the majority opined. to Brief for Federal Appellees lOa. 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. 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. Rather, the issue is whether the classification based on race discriminates. It deemed appellants' claim under the Fifteenth Amendment essentially subsumed within their related claim under the Equal Protection Clause. ON APPLICATIONS FOR STAYS OR INJUNCTIVE RELIEF [February 7, 2022] The application for a stay or injunctive relief presented to J. USTICE . 412 U. S., at 754. There is no support for this distinction in UJO, and no authority in the cases relied on by the Court either. facilitating the election of a member of an identifiable group of voters? The new district stretches approximately 160 miles along Interstate 85 and, for much of its length, is no wider than the 1-85 corridor. As for this latter category, we. The Attorney General objected to the plan on the ground that the second district could have been created to give effect to minority voting strength in the State's south-central to southeastern region. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. Statement 67a-lOOa (Complaint and Motion for Preliminary Injunction and For Temporary Restraining Order). The jurisdiction must obtain either a judgment from the United States District Court for the District of Columbia declaring that the proposed change "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color" or administrative preclearance from the Attorney General. See Powers v. Ohio, 499 U. S. 400, 410 (1991) ("It is axiomatic that racial classifications do not become legitimate on the assumption that all persons suffer them in equal degree"). v. RENO, ATTORNEY GENERAL, ET AL. It is true, of course, that one's vote may be more or less effective depending on the interests of the other individuals who are in one's district, and our cases recognize the reality that members of the same race often have shared interests. The States certainly have a very strong interest in complying with federal antidiscrimination laws that are constitutionally valid as interpreted and as applied. 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. Shaw v. Reno Jennifer Denise Rogers . The state appellees submit that two pieces of evidence gave the General Assembly a strong basis for believing that remedial action was warranted here: the Attorney General's imposition of the 5 preclearance requirement on 40 North Carolina counties, and the Gingles District Court's findings of a long history of official racial discrimination in North Carolina's political system and of pervasive racial bloc voting. 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. Id., at 349. Racial gerrymandering, even for remedial purposes, may balkanize us into competing racial factions; it threatens to carry us further from the goal of a political system in which race no longer matters-a goal that the Fourteenth and Fifteenth Amendments embody, and to which the Nation continues to aspire. electoral process. -constitution prohibits using race as the main reason for how to draw 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. WHITE, J., filed a dissenting opinion, in which BLACKMUN and STEVENS, JJ., joined, post, p. 658. JOHN H. MERRILL, ALABAMA SECRETARY OF STATE, ET AL. Ante, at 653. 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." c. Answer the questions in part (b) for the minimum body temperature during the 24-hour period. Accord, Loving v. Virginia, 388 U. S. 1, 11 (1967). 461, 476 (EDNC 1992) (Voorhees, C. J., concurring in part and dissenting in part), and a "bug splattered on a windshield," Wall Street Journal, Feb. 4, 1992, p. A14. of Gal. The Court held that members of a racial minority group claiming 2 vote dilution through the use of multimember districts must prove three threshold conditions: that the minority group "is sufficiently large and geographically compact to constitute a majority in a single-member district," that the minority group is "politically cohesive," and that "the white majority votes sufficiently as a bloc to enable it usually to defeat the minority's preferred candidate." 20, 1993, p. A4. Explain New York free trade zone class codes. Politicians have always relied on assumptions that people in particular groups are likely to vote in a particular way when they draw new district lines, and I cannot believe that anything in today's opinion will stop them from doing so in the future.3. It did not do so. Writing for three Members of the Court, I justified this conclusion as follows: "It is true that New York deliberately increased the nonwhite majorities in certain districts in order to enhance the opportunity for election of nonwhite representatives from those districts. John Paul . It is particularly ironic that the case in which today's majority chooses to abandon settled law and to recognize for the first time this "analytically distinct" constitutional claim, ante, at 652, is a challenge by white voters to the plan under which North Carolina has sent black representatives to Congress for the first time since Reconstruction. Indeed, the facts of the case would not have supported such a claim. JUSTICE WHITE describes the formulations we have used and the common categories of dilutive practice in his dissenting opinion. Under that principle, a proposed voting change cannot be precleared if it will lead to "a retrogression in the position of racial minorities with respect to their effective exercise of the electoral franchise." There is no independent constitutional requirement of compactness or contiguity, and the Court's opinion (despite its many references to the shape of District 12, see ante, at 635-636, 641, 642, 644-648) does not suggest otherwise. ), or that such had been the State's intent, see id., at 179-180 (Stewart, J., joined by Powell, J., concurring in judgment). It is against this background that we confront the questions presented here. William H. Rehnquist Rehnquist. 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. 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. The district even has inspired poetry: "Ask not for whom the line is drawn; it is drawn to avoid thee." If the allegation of racial gerrymandering remains uncontradicted, the District Court further must determine whether the North Carolina plan is narrowly tailored to further a compelling governmental interest. of Cal. 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. Hence, I see no need. A new issue of common stock: The flotation costs of the new common stock would be 8% of the amount raised. I dissent. The fact that a demonstration of discriminatory effect was required in that case was not a function of the kind of claim that was made. Geographically, the State divides into three regions: the eastern Coastal Plain, the central Piedmont Plateau, and the western mountains. BLACKMUN, J., post, p. 676, STEVENS, J., post, p. 676, and SOUTER, J., post, p. 679, filed dissenting opinions. Indeed, racial classifications receive close scrutiny even when they may be said to burden or benefit the races equally. 808 F. See n. 7, supra. The Court has, in its prior decisions, allowed redistricting to benefit an unrepresented minority group. See ante, at 647. With him on the briefs were Michael F. Easley, Attorney General of North Carolina, Edwin M. Speas, Jr., Senior, Deputy Attorney General, and Norma S. Harrell and Tiare B. Smiley, Special Deputy Attorneys General. 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." Explain in words and with a diagram. Ruth Shaw and four other white North Carolina voters filed suit against the U.S. attorney general and various North Carolina officials, claiming that race-based redistricting violated, among other provisions, the Fourteenth Amendment's Equal Protection Clause. 14, 1. It included all or portions of twenty-eight counties. 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. See supra, at 642-643. Congress, too, responded to the problem of vote dilution. Brown v. Board of Education, 347 U. S. 483; McLaughlin v. Florida, 379 U. S. 184. It reinforces the perception that members of the same racial group--regardless of their age, education, economic status, or the community in which the live--think alike, share the same political interests, and will prefer the same candidates at the polls. 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. 8The black plaintiffs in Gomillion v. Lightfoot, 364 U. S. 339 (1960), I am confident, would have suffered equally had whites in Tuskegee sought to maintain their control by annexing predominantly white suburbs, rather than splitting the municipality in two. 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. 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. The Court today chooses not to overrule, but rather to sidestep,UJO. Bandemer, 478 U. S., at 164 (Powell, J., concurring in part and dissenting in part) (internal quotation marks omitted). of Elections, 393 U. S. 544, 569 (1969) (emphasis added). )-forecloses the claim we recognize today. The black population is relatively dispersed; blacks constitute a majority of the general population in only 5 of the State's 100 counties. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. Another of the weapons in the States' arsenal was the racial gerrymander-"the deliberate and arbitrary distortion of district boundaries for [racial] purposes." They also contend that recent black electoral successes demonstrate the willingness of white voters in North Carolina to vote for black candidates. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. We noted probable jurisdiction. The company raises all equity from outside financing. Clause" (internal quotation marks omitted)); see also Edmonson v. Leesville Concrete Co., 500 U. S. 614, 630-631 (1991) ("If our society is to continue to progress as a multiracial democracy, it must recognize that the automatic invocation of race stereotypes retards that progress and causes continued hurt and injury"). Racial gerrymanders come in various shades: At-large voting schemes, see, e. g., White v. Regester, 412 U. S. 755 (1973); the fragmentation of a minority group among various districts "so that it is a majority in none," Voinovich v. Quilter, 507 U. S. 146, 153 (1993), otherwise known as "cracking," cf. A. Croson Co., 488 U. S. 469, 493-495 (1989) (plurality opinion of O'CONNOR, J., joined by REHNQUIST, C. J., and WHITE and KENNEDY, JJ.) See UJO, 430 U. S., at 165-166 (plurality opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ. 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.". 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. Thus, we express no view as to whether "the intentional creation of majority-minority districts, without more," always gives rise to an equal protection claim. 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. indicator that some form of gerrymandering (racial or other) might have taken place and that "something may be amiss." of Ed. "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. Indicate whether each account would flow into the income statement, retained earnings statement, or balance sheet. 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. The Equal Protection Clause of the Constitution, surely, does not stand in the way. It was 160 miles long and generally corresponded to the Interstate 85 corridor. The Court has abandoned settled law to decide this case. The Court offers them no explanation of this paradox. JUSTICE SOUTER does not adequately explain why these harms are not cognizable under the Fourteenth Amendment. Indeed, the Voting Rights Act and our case law make clear that a reapportionment plan that satisfies 5 still may be enjoined as unconstitutional. Cf. See Part V for a discussion of these dissenting opinions. Draper identified on February 15 that a customer was not going to pay his receivable of $200 from December 9. Dissenting Opinion. The question before us is whether appellants have stated a cognizable claim. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. I join JUSTICE WHITE'S dissenting opinion. When an assumption that people in a particular minority group (whether they are defined by the political party, religion, ethnic group, or race to which they belong) will vote in a particular way is used to benefit that group, no constitutional violation occurs. Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). UJO, 430 U. S., at 162165 (opinion of WHITE, J. In an opinion which explored the nature of "political questions" and the appropriateness of Court action in them, the Court held that there were no such questions to be answered in this case and that legislative apportionment was a justiciable issue. 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"). The Attorney General did not object to the General Assembly's revised plan. tutes an unconstitutional racial gerrymander. 92-357 . Further, it goes beyond the province of the Court to decide this case. 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. " In Shaw v. Reno (1993), the Court ruled that electoral districts whose boundaries cannot be explained except on the basis of race can be challenged as potential violations of the equal protection clause, and in Miller v. Johnson (1995) it held that the equal protection clause Read More opinion of O'Connor In Sandra Day O'Connor Nor, because of the distinctions between the two categories, is there any risk that Fourteenth Amendment districting law as such will be taken to imply anything for purposes of general Fourteenth Amendment scrutiny about "benign" racial discrimination, or about group entitlement as distinct from individual protection, or about the appropriateness of strict or other heightened scrutiny.7. 4 The Court's opinion suggests that African-Americans may now be the only group to which it is unconstitutional to offer specific benefits from redistricting. 506 U. S. 801 (1992). 808 F. Hirabayas hi v. United States, 320 U. S. 81, 100 (1943). 2. Pp. 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. As a majority of the Justices construed the complaint, the UJO plaintiffs made a different claim: that the New York plan impermissibly "diluted" their voting strength. No analogous purpose or effect has been alleged in this case. The largest concentrations of black citizens live in the Coastal Plain, primarily in the northern part. Nor is it a particularly accurate description of what has occurred. 408 (E.D.N.C. Id., at 179 (Stewart, J., concurring in judgment). A. Croson Co., 488 U. S. 469 (1989) (city contracting); Wygant v. Jackson Bd. Brown v. Board of Education, 347 U. S. 483, 495 (1954). to Juris. e., an intent to aggravate "the unequal distribution of electoral power." on the race of those burdened or benefited by a particular classification." It also will be true where the minority population is not scattered but, for reasons unrelated to racefor example incumbency protection-the State would rather not create the majority-minority district in its most "obvious" location.10 When, as is the case here, the creation of. 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. In the 1992 elections voters in both districts selected black representatives. Shaw v. Reno. 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. 364 U. S., at 341. 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)). 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. 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. Give examples of input devices for computer systems. 430 U. S., at 165. Supp., at 467. where t(0t24)t(0 \leq t \leq 24)t(0t24) is the number of hours past midnight. Analogous Case. 633, 637 (1983). 4 The majority's use of "segregation" to describe the effect of districting here may suggest that it carries effects comparable to school segregation making it subject to like scrutiny. 86.3% of the population in the 18th District was classified as nonwhite or Puerto Rican. 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. 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. Congress, too, responded to the problem of vote dilution. The Democratic National Committee maintained that the minority districts were constitutional, while the Republican National Committee argued that they were not. 461 (EDNC 1992). The majority first took judicial notice of a fact omitted from appellants' complaint: that appellants are white. 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. The district lines may be drawn, for example, to provide for compact districts of contiguous territory, or to maintain the integrity of political subdivisions. The Court appears to accept this, and it does not purport to disturb the law of vote dilution in any way. Pp. This will be true in areas where the minority population is geographically dispersed. Under either formulation, it is irrefutable that appellants in this proceeding likewise have failed to state a claim. This problem continues the Draper Consulting situation from previous problems. You're all set! SHAW ET AL. See ante, at 634-635. In whatever district, the individual voter has a right to vote in each election, and the election will result in the voter's representation. With respect to this incident, one writer has observed that "understanding why the configurations are shaped as they are requires us to know at least as much about the interests of incumbent Democratic politicians, as it does knowledge of the Voting Rights Act." Not very long ago, of course, it was argued that minority groups defined by race were the only groups the Equal Protection Clause protected in this context. It winds in snakelike fashion through tobacco country, financial centers, and manufacturing areas "until it gobbles in. 10 This appears to be what has occurred in this instance. 21A375 is treated as a . 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). Id., at 472-473. Id., at 349 (concurring opinion). Id., at 53-54. Our different approaches to equal protection in electoral districting and nondistricting cases reflect these differences. The plaintiffs in UJO-members of a Hasidic community split between two districts under New York's revised redistricting plan-did not allege that the plan, on its face, was so highly irregular that it rationally could be understood only as an effort to segregate voters by race. See, e. g., Gomillion v. Lightfoot, 364 U. S. 339,341. They reinforce the belief, held by too many for too much of our history, that individuals should be judged by the color of their skin. Action verbs tell what the subject is doing or what is being done to the subject. to Brief for Federal . Justice Whittaker, however, concluded that the "unlawful segregation of races of citizens" into different voting districts was cognizable under the Equal Protection Clause. In the lower court record, the district was said to resemble a Rorschach ink-blot test, and theWall Street Journalclaimed the district looked like a "bug splattered on a windshield." Even Justice Whit-. NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. I have no doubt that a State's compliance with the Voting Rights Act clearly constitutes a compelling interest. Ante, at 652. When a newly created district cannot be explained by means other than race, it is subject to strict scrutiny. Under the General Assembly's plan, two will vote for congressional representatives in District 12 and three will vote in neighboring District 2. 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." Evidence of the district's shape is therefore convincing, but it is also cumulative, and, for our purposes, irrelevant. 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. 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. 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