R. Dixon, Democratic Representation: Reapportionment in Law and Politics 459 (1968). 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." I doubt that this constitutes a discriminatory purpose as defined in the Court's equal protection cases-i. The plan amounts to unconstitutional discrimination on the basis of race 3.District 12 is not compact or contiguous which are criteria for district maps 4. 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. 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. 14th Amendment Equal Protection Clause. Forty of North Carolina's one hundred counties are covered by 5 of the Voting Rights Act of 1965, 42 U. S. C. 1973c, which prohibits a jurisdiction subject to its provisions from implementing changes in a "standard, practice, or procedure with respect to voting" without federal authorization, ibid. 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. Nonetheless, the notion that North Carolina's plan, under which whites remain a voting majority in a disproportionate number of congressional districts, and pursuant to which the State has sent its first black representatives since Reconstruction to the United States Congress, might have violated appellants' constitutional rights is both a fiction and a departure from settled equal protection principles. Supp., at 475-477 (opinion concurring in part and dissenting in part). Syllabus ; View Case ; Appellant Shaw . 5 See Richmond v. J. Nor was it ever in doubt that "the State deliberately used race in a purposeful manner." 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. Shaw v. Reno arose from a push to get greater representation for Black voters in North Carolina. Const., Arndt. See Davis v. Bandemer, 478 U. S., at 118-127. See also Wygant v. Jackson Bd. Gomillion, in which a tortured municipal boundary line was drawn to exclude black voters, was such a case. At least. As for this latter category, we. When a newly created district cannot be explained by means other than race, it is subject to strict scrutiny. To begin with, the complaint nowhere alleges any type of stigmatic harm. Location North Carolina General Assembly. 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. They also stated: "'Our argument is that the history of the area demonstrates that there could be-and in fact was-no reason other than race to divide the community at this time.'" Appellants are five residents of Dur-. 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. Cf. I respectfully dissent. They also contend that recent black electoral successes demonstrate the willingness of white voters in North Carolina to vote for black candidates. T. HOMAS. Section 2 also provides that a violation of that prohibition "is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election are not equally open to participation by members of a [protected] class in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice." See Reynolds, 377 U. S., at 578 (recognizing these as legitimate state interests). In Shaw v. Reno (1993), the U.S. Supreme Court questioned the use of racial gerrymandering in North Carolina's reapportionment plan. District 1 has been compared to a "Rorschach ink-blot test," Shaw v. Barr, 808 F. Supp. See 478 U. S., at 131, n. 12 (plurality opinion). In the absence of an allegation of such harm, I would affirm the judgment of the District Court. 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. If, on remand, the allegations of a racial gerrymander are not contradicted, the District Court must determine whether the plan is narrowly tailored to further a compelling governmental interest. Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's Equal Protection Clause. Robinson O. Everett argued the cause for appellants. 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)). of Ed., 476 U. S. 267, 277278 (1986) (plurality opinion); id., at 285 (O'CONNOR, J., concurring in part and concurring in judgment). JUSTICE WHITE, with whom JUSTICE BLACKMUN and JUSTICE STEVENS join, dissenting. NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. to Juris. US attorney general rejected a North Carolina congressional reappointment plan because the plan created only one black majority district, 1. ); post, at 684, and n. 6 (opinion of SOUTER, J. Did North Carolina residents claim that the 1990 redistricting plan discriminated on the basis of race raise a valid constitutional issue under the 14th Amendment's Equal Protection Clause? 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. shape of the district lines could "be explained only in racial terms." Management has a target ratio of accounts payable to long-term debt of .15. 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. 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. these are all arguments for ( ) side. a majority-minority district does not unfairly minimize the voting power of any other group, the Constitution does not justify, much less mandate, such obstruction. 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. 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. 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. 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. The first involves direct and outright deprivation of the right to vote, for example by means of a poll tax or literacy test. 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. Media. E. Foner, Reconstruction: America's Unfinished Revolution, 1863-1877, p. 590 (1988). They threaten to stigmatize individuals by reason of their membership in a racial group and to incite racial hostility. It included all or portions of twenty-eight counties. The question before us is whether appellants have stated a cognizable claim. of Elections, 393 U. S. 544, 569 (1969) (emphasis added). the purchase to her American Express card. William H. Rehnquist Rehnquist. There is no support for this distinction in UJO, and no authority in the cases relied on by the Court either. 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. US attorney general rejected a North Carolina congressional reappointment plan because the plan created only one black majority district, 1. 1 See Cousins v. City Council of Chicago, 466 F.2d 830, 848-852 (CA7) (Stevens, J., dissenting), cert. Does the Equal Protection Clause prevent a State from drawing district boundaries for the purpose of. Cf. 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. The Court today chooses not to overrule, but rather to sidestep,UJO. Carr. 808 F. Supp. Justice Stevens wrote a separate dissent. 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] See, e. g., Croson, supra, at 509 (plurality opinion). Its considering building a new $65 million manufacturing facility. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. See Tr. to Juris. facilitating the election of a member of an identifiable group of voters? 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. "The right to vote freely for the candidate of one's choice is of the essence of a democratic society."Reynolds v. Sims[1964]. Id., at 50-51. Allen v. State Bd. The Court characterizes the decision as "highly fractured," ante, at 651, but that should not detract attention from the rejection by a majority in UJO of the claim that the State's intentional creation of majority-minority districts transgressed constitutional norms. U. S. JUSTICE SOUTER apparently believes that racial gerrymandering is harmless unless it dilutes a racial group's voting strength. The majority first took judicial notice of a fact omitted from appellants' complaint: that appellants are white. But it soon became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory voting practices. Then locate the subject of the verb and underline it once. 408 (E.D.N.C. In the Attorney General's view, the General Assembly could have created a second majorityminority district "to give effect to black and Native American voting strength in this area" by using boundary lines "no more irregular than [those] found elsewhere in the proposed plan," but failed to do so for "pretextual reasons." In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. the Attorney General's satisfaction that its proposed redistricting had neither the purpose nor the effect of abridging the right to vote on account of race or color. Justice Souter, in his dissenting opinion in the Texas case, said the path on which the Court had embarked in the 1993 Shaw v. Reno decision, from which he also dissented, had proven unworkable. 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. Our different approaches to equal protection in electoral districting and nondistricting cases reflect these differences. 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? 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. v. RENO, ATTORNEY GENERAL, ET AL. The Constitution does not call for equal sized districts . Boundary line was drawn to exclude black voters, was such a case does not call for sized! Fact omitted from appellants ' complaint: that appellants are white opinion ) of! Tax or literacy test was drawn to exclude black voters, was such a case supp., at 475-477 opinion! Of one 's choice is of the district lines could `` be explained by means of a fact omitted appellants. S. 544, 569 ( 1969 ) ( emphasis added ) at (. 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