Bush administration rejected this plan on the grounds that it gave blacks insufficient congressional representation. 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." Cf. can imagine would be the preservation of "sound districting principles," UJO, 430 U. S., at 168, such as compactness and contiguity. Tr. 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. (referring variously to "strict scrutiny," "the standard of review employed in Wygant," and "heightened scrutiny"); id., at 520 (SCALIA, J., concurring in judgment) ("strict scrutiny"); id., at 535 (Marshall, J., dissenting) (classifications" 'must serve important governmental objectives and must be substantially related to achievement of those objectives'" (quoting Regents of Univ. 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. 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." zarre shape of District 12 demonstrates, and that there is no evidence of black political cohesion. 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. Nor if dilution is proven is there any need for further constitutional scrutiny; there has never been a suggestion that such use of race could be justified under any type of scrutiny, since the dilution of the right to vote can not be said to serve any legitimate governmental purpose. of Ed. 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. 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. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA, No. See, e. g., White v. Regester, 412 U. S. 755, 765-766 (1973); Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). See post, at 679 (opinion of STEVENS, J. The first of the two majority-black districts contained in the revised plan, District 1, is somewhat hook shaped. 639-642. See supra, at 642-643. Id., at 133 (emphasis added). That claim, the majority concluded, was barred by United Jewish Organizations of Williamsburgh, Inc. v. Carey, 430 U. S. 144 (1977) (UJO). c. Answer the questions in part (b) for the minimum body temperature during the 24-hour period. Const., Arndt. 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. There are three financing options: 1. the latter two of these three conditions depend on proving that what the Court today brands as "impermissible racial stereotypes," ante, at 647, are true. Ibid. Wright involved a challenge to a legislative plan that created four districts. 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." I respectfully dissent. 808 F. In that, state efforts to remedy minority vote dilution are wholly unlike what typically has been labeled "affirmative action." See, e. g., Guinn v. United States, 238 U. S. 347 (1915). But it did not purport to overrule Gomillion or Wright. See also Wygant v. Jackson Bd. JUSTICE WHITE describes the formulations we have used and the common categories of dilutive practice in his dissenting opinion. 14, 1. Sign up for our free summaries and get the latest delivered directly to you. There is a characteristic coincidence of disadvantageous effect and illegitimate purpose associated with the State's use of race in those situations in which it has immediately trig-. The second type of unconstitutional practice is that which "affects the political strength of various groups," Mobile v. Bolden, 446 U. S. 55, 83 (1980) (STEVENS, J., concurring in judgment), in violation of 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 . Following is the Case Brief for Baker v. Carr, United States Supreme Court, (1962) Case Summary of Baker v. Carr: A Tennessee resident brought suit against the Secretary of State claiming that the failure to redraw the legislative districts every ten years, as outlined in the state constitution, resulted in rural votes holding more votes . Gomillion v. Lightfoot, 364 U. S. 339, 340 (1960). Redistricters have to justify themselves. 21A375 is treated as a . 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." Under this approach, in the absence of an allegation of such cognizable harm, there is no need for further scrutiny because a gerrymandering claim cannot be proven without the element of harm. The majority attempts to distinguish UJO by imagining a heretofore unknown type of constitutional claim. 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. It may be that the terms for pleading this cause of action will be met so rarely that this case will wind up an aberra-. Such evidence will always be useful in cases that lack other evidence of invidious intent. The Court offers no adequate justification for treating the narrow category of bizarrely shaped district claims differently from other districting claims. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. 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. The difficulty of proof, of course, does not mean that a racial gerrymander, once established, should receive less scrutiny under the Equal Protection Clause than other state legislation classifying citizens by race. The Justice Department accepted this revision. Accordingly, we have held that the Fourteenth Amendment requires state legislation that expressly distinguishes among citizens because of their race to be narrowly tailored to further a compelling governmental 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." UJO, supra, at 148. He read JUSTICE WHITE'S opinion in UJO to authorize race-based reapportionment only when the State employs traditional districting principles such as compactness and contiguity. 5-4 decision for Shaw majority opinion by Sandra Day O'Connor. Pp. 408 (E.D.N.C. 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. Briefs of amici curiae urging affirmance were filed for the Democratic National Committee et al. But the State must have a "'strong basis in evidence for [concluding] that remedial action [is] necessary.'" Justice Stevens wrote a separate dissent. The Court applied the same reasoning to the "uncouth twenty-eight-sided" municipal boundary line at issue in Gomillion. The majority resolved the case under the Fifteenth Amendment. As we explained in Feeney: "A racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only. E. Foner, Reconstruction: America's Unfinished Revolution, 1863-1877, p. 590 (1988). 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. 3. 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. 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. The Court expressly declined to reach that question. to Juris. This rule applies as well to a classification that is ostensibly neutral but is an obvious pretext for racial discrimination. 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. But as JUSTICE WHITE points out, see ante, at 672 (dissenting opinion), and as the Court acknowledges, see ante, at 647, we have held that such principles are not constitutionally required, with the consequence that their absence cannot justify the distinct constitutional regime put in place by the Court today. 1983). Id., at 342-348. This problem continues the Draper Consulting situation from previous problems. ); see also post, at 662-663 (opinion of WHITE, J.). We have rejected such perceptions elsewhere as impermissible racial stereotypes. By perpetuating such notions, a racial gerrymander may exacerbate the very patterns of racial bloc voting that majority-minority districting is sometimes said to counteract. The Justices disagreed only as to whether the plaintiffs had carried their burden of proof at trial. 430 U. S., at 167-168 (opinion of WHITE, J., joined by STEVENS and REHNQUIST, JJ.). Before us, the state appellees contend that the General Assembly's revised plan was necessary not to prevent retrogression, but to avoid dilution of black voting strength in violation of 2, as construed in Thornburg v. Gingles, 478 U. S. 30 (1986). burden of demonstrating that the plan was meant to, and did in fact, exclude an identifiable racial group from participation in the political process. See Brief for Republican National Committee as Amicus Curiae 14-15. 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." Subsequent decisions of this Court have similarly interpreted Gomillion as turning on the unconstitutional effect of the legislation. 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