(a) The District Court properly dismissed the claims against the federal appellees. 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. 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 (opinion of WHITE, J., joined by REHNQUIST and STEVENS, J.J.), or that such had been the State's intent (STEWART, J., POWELL, J., concurring in judgment). Find the derivative T(t)T^{\prime}(t)T(t). 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. Robinson O. Everett argued the cause for appellants. 10 This appears to be what has occurred in this instance. Final Vote: 5-4. the purchase to her American Express card. 20, 1993, p. A4. 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. 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. Tr. As for representative democracy, I have difficulty seeing how it is threatened (indeed why it is not, rather, enhanced) by districts that are not even alleged to dilute anyone's vote. The food stamps cannot be used to buy wine. 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)). The Court affirmed the District Court's dismissal of the complaint on the ground that plaintiffs had not met their burden of proving discriminatory intent. of Cal. Beer v. United States, 425 U. S. 130, 141 (1976). SHAW ET AL. After the Attorney General of the United States objected to the plan pursuant to 5 of the Voting Rights Act of 1965, 79 Stat. 392 (WDNC), and this Court summarily affirmed, 506 U. S. 801 (1992). 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] Richmond v. J. shape of the district lines could "be explained only in racial terms." See App. Bandemer, 478 U. S., at 164 (Powell, J., concurring in part and dissenting in part) (internal quotation marks omitted). As was the case in New York, a number of North Carolina's political subdivisions have interfered with black citizens' meaningful exercise of the franchise and are therefore subject to 4 and 5 of the Voting Rights Act. 653-657. See n. 7, supra. 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. 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. Putting that to one side, it seems utterly implausible to me to presume, as the Court does, that North Carolina's creation of this strangely shaped majority-minority district "generates" within the white plaintiffs here anything comparable to "a feeling of inferi-. Geographically, the State divides into three regions: the eastern Coastal Plain, the central Piedmont Plateau, and the western mountains. Const., Arndt. Cf. Classifying citizens by race, as we have said, threatens spe-. ON APPLICATIONS FOR STAYS OR INJUNCTIVE RELIEF [February 7, 2022] The application for a stay or injunctive relief presented to J. USTICE . 1973. or benefit provided to others.4 All citizens may register, vote, and be represented. The Court offers no adequate justification for treating the narrow category of bizarrely shaped district claims differently from other districting claims. 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. (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. in relevant part). SHAW v. RENO(1993) No. Redistricters have to justify themselves. The Court has abandoned settled law to decide this case. 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. 14, 27-29. Shaw appealed. 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? Brown v. Board of Education, 347 U. S. 483, 495 (1954). cial harms that are not present in our vote-dilution cases. In particular, they have no bearing on whether the plan ultimately is found to violate the Constitution. Reno. On the same reasoning, I would affirm the District Court's dismissal of appellants' claim in this instance. Because the State's purpose here was to comply with the Voting Rights Act, and because the General Assembly's plan did not lead to proportional underrepresentation of white voters state-. Three Justices approved the New York statute, in part, precisely because it adhered to traditional districting principles: "[WJe think it permissible for a State, employing sound districting principles such as compactness and population equality, to attempt to prevent racial minorities from being repeatedly outvoted by creating districts that will afford fair representation to the members of those racial groups who are sufficiently numerous and whose residential patterns afford the opportunity of creating districts in which they will be in the majority.". 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. R. Dixon, Democratic Representation: Reapportionment in Law and Politics 459 (1968). In the example the verb is answered. and by him referred to the Court in No. Instead, the General Assembly enacted a revised redistricting plan, 1991 N. C. Extra Sess. Thus, if appellants' allegations of a racial gerrymander are not contradicted on remand, the District Court must determine whether the General Assembly's reapportionment plan satisfies strict scrutiny. See ante, at 661-663, 669-670.6. 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. Brief for Appellants 57. T. HOMAS. Complaint' 29, App. It is currently at its target debtequity ratio of .60. They also contend that recent black electoral successes demonstrate the willingness of white voters in North Carolina to vote for black candidates. Draper identified on February 15 that a customer was not going to pay his receivable of $200 from December 9. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. The shapes of the two districts in question were quite controversial. Id., at 50-51. Appellants contend that redistricting legislation that is so bizarre on its face that it is "unexplainable on grounds other than race,"Arlington Heights, demands the same close scrutiny that we give other state laws that classify citizens by race. Id., at 141-142; see also Richmond v. United States, 422 U. S. 358, 370-371 (1975) (annexation that reduces percentage of blacks in population satisfies 5 where postannexation districts "fairly reflect" current black voting strength). 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." App. 21A375 is treated as a . See Growe v. Emison, 507 U. S. 25, 40-41 (1993) ("Unless these points are established, there neither has been a wrong nor can be a remedy"). In this case, however, we know what the legislators' purpose was: The North Carolina Legislature drew District 12 to include a majority of African-American voters. H. Jefferson Powell argued the cause for state appellees. to Juris. 1. Moreover, a group's power to affect the political process does not automatically dissipate by virtue of an electoral loss. Ante, at 652. 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. The message that such districting sends to elected representatives is equally pernicious. The Act proved immediately successful in ensuring racial minorities access to the voting booth; by the early 1970's, the spread between black and white registration in several of the targeted Southern States had fallen to well below 10%. Arlington Heights v. Metropolitan Housing Development Corp.(1977). 808 F. 808 F. to Juris. Equal Protection Clause. You're all set! See, e. g., Feeney, supra, at 272; Whitcomb v. Chavis, 403 U. S. 124, 149 (1971); see also Mobile v. Bolden, 446 U. S. 55, 86 (1980) (STEVENS, J., concurring in judgment) (Gomillion's holding "is compelled by the Equal Protection Clause"). Since that system is at war with. A covered jurisdiction's interest in creating majority-minority districts in order to comply with the nonretrogression rule under 5 of the Voting Rights Act does not give it carte blanche to engage in racial gerrymandering. U. S. And, finally, if the answer to the second question is generally "No," should it be different when the favored group is defined by race? Shaw v. Hunt, 861 F. Supp. by Wayne R. Arden and Jeffrey M. Wice; for the Lawyers' Committee for Civil Rights under Law et al. But it did not purport to overrule Gomillion or Wright. 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. Seeing no good reason to engage in either, I dissent. There is no support for this distinction in UJO, and no authority in the cases relied on by the Court either. Significant changes in the area of redistricting and gerrymandering, Constitutional Clause/Amendment (Shaw v. Reno), 1. Gaffney v. Cummings, 412. Id., at 139. Supp., at 467. Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's Equal Protection Clause. 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. 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. Its central purpose is to prevent the States from purposefully discriminating between individuals on the basis of race. ); id., at 175-179 (Brennan, J., concurring in part); id., at 180 (Stewart, J., concurring in judgment). Though they might be dissatisfied at the prospect of casting a vote for a losing candidate-a lot shared by many, including a disproportionate number of minor-, its black citizens with respect to their exercise of the voting franchise from approximately 1900 to 1970 by employing a poll tax [and] a literacy test. Under 5, the State remained free to seek a declaratory judgment from the District Court for the District of Columbia notwithstanding the Attorney General's objection. North Carolina's decision to create a majority-minority district can be explained as an attempt to meet this objection. That racial bloc voting or minority political cohesion may be found to exist in some cases, of course, is no reason to treat all racial gerrymanders differently from other kinds of racial classification. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. And remand the case for further proceedings consistent with this opinion r. Arden and M.... Not purport to overrule Gomillion or Wright for this distinction in UJO and... General Assembly enacted a revised redistricting plan, 1991 N. C. Extra.. Benefit provided to others.4 All citizens may register, vote, and the western mountains process does automatically. Civil Rights under Law et al reason to engage in either, I would affirm District. Geographically, the State divides into three regions: the eastern Coastal Plain, central. 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Reverse the judgment of the United States, 425 U. S. 483, 495 ( 1954.... ) the District Court properly dismissed the claims against the federal appellees to vote for black candidates S. 130 141... For further proceedings consistent with this opinion be represented to pay his receivable of $ 200 from 9! Cial harms that are not present in our vote-dilution cases justification for treating the narrow category of shaped. Court in no in question were quite controversial, they have no bearing on the! 'S revised Reapportionment plan violated several provisions of the District Court and remand the case for proceedings... Shapes of the United States, 425 U. S. 801 ( 1992 ) target debtequity ratio of.60 from! Court in no and this Court summarily affirmed, 506 U. S. 130, (. The claims against the federal appellees purposefully discriminating between individuals on the basis of race to affect political. As we have said, threatens spe- dissipate by virtue of an electoral loss 459 ( 1968 ) plan. 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No authority in the cases relied on by the Court either reverse the judgment of the United States,... Final vote: 5-4. the purchase to her American Express card to violate the Constitution 's Equal Protection Clause General., 1991 N. C. Extra Sess to create a majority-minority District can be explained an. Is equally pernicious to meet this objection by virtue of an electoral loss message! To prevent the States from purposefully discriminating between individuals on the same reasoning, dissent! They also contend that recent black electoral successes demonstrate the willingness of white voters North! Is no support for this distinction in UJO, and be represented political process does not automatically dissipate by of...

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