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shaw v reno dissenting opinion quizlet

In the absence of an allegation of such harm, I would affirm the judgment of the District Court. The majority read UJO to stand for the proposition that a redistricting scheme violates white voters' rights only if it is "adopted with the purpose and effect of discriminating against white voters on account of their race." I The voting age population of North Carolina is approxi-mately 78% white, 20% black, and 1% Native American; the remaining 1% is predominantly Asian. Here, the Attorney General objected to the State's plan on the ground that it failed to draw a second majority-minority district for what appeared to be pretextual reasons. Constitutional Law for a Changing America Resource Center, 13. of Ed. 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. Washington v. Davis, 426 U. S. 229, 239 (1976). The shape of the district at issue in this case is indeed so bizarre that few other examples are ever likely to carry the unequivocal implication of impermissible use of race that the Court finds here. In my view there is no justification for the Court's determination to depart from our prior decisions by carving out this narrow group of cases for strict scrutiny in place of the review customarily applied in cases dealing with discrimination in electoral districting on the basis of race. 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 Court held that although North Carolina's reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race. This is altogether antithetical to our system of representative democracy. By perpetuating stereotypical notions about members of the same racial group-that they think alike, share the same political interests, and prefer the same candidates-a racial gerrymander may exacerbate the very patterns of racial bloc voting that majority-minority districting is sometimes said to counteract. Under the General Assembly's plan, two will vote for congressional representatives in District 12 and three will vote in neighboring District 2. ); id., at 518 (KENNEDY, J., concurring in part and concurring in judgment); Wygant, 476 U. S., at 280282 (plurality opinion); id., at 286 (O'CONNOR, J., concurring in part and concurring in judgment). Rather than challenge this conclusion, North Carolina chose to draw the second district. 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. At-large and multimember schemes, however, do not classify voters on the basis of race. The parties' arguments about whether the plan was necessary to avoid dilution of black voting strength in violation of 2 of the Act and whether the State's interpretation of 2 is unconstitutional were not developed below, and the issues remain open for consideration on remand. Indicate whether each account would flow into the income statement, retained earnings statement, or balance sheet. The General Assembly enacted a reapportionment plan that included one majority-black congressional district. 3:92CV71-P (WDNC)). 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). Indeed, as a brief survey of decisions illustrates, the Court's gerrymandering cases all carry this theme-that it is not mere suffering at the polls but discrimination in the polity with which the Constitution is concerned. ); see also post, at 662-663 (opinion of WHITE, J.). 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.". Under the three-part test established by Thornburg v. Gingles, 478 U. S. 30, 50-51 (1986), a minority group must show that it could constitute the majority in a single-member district, "that it is politically cohesive," and "that the white majority votes sufficiently as a bloc to enable it usually to defeat the minority's preferred candidate." depends on these twin elements. 808 F. Supp. 3 Section 5 of the Voting Rights Act requires a covered jurisdiction to demonstrate either to the Attorney General or to the District Court that each new districting plan "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race[,] color, or [membership in a language minority.]" Tr. Given two districts drawn on similar, race-based grounds, the one does not become more injurious than the other simply by virtue of being snakelike, at least so far as the Constitution is concerned and absent any evidence of differential racial impact. Cf. Sickels, Dragons, Bacon Strips, and Dumbbells-Who's Afraid of Reapportionment?, 75 Yale L. J. 6 In this regard, I agree with JUSTICE WHITE'S assessment of the difficulty the white plaintiffs would have here in showing that their opportunity to participate equally in North Carolina's electoral process has been unconstitutionally diminished. Id., at 165-166. Gaffney, 412 U. S., at 752, n. 18; see ante, at 647. Affirmative Action and Minority Voting Rights 44 (1987). The question before us is whether appellants have stated a cognizable claim. 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." John Paul . It is evident to me, however, that what North Carolina did was precisely tailored to meet the objection of the Attorney General to its prior plan. Laws, ch. 14, 27-29. Proc. on the race of those burdened or benefited by a particular classification." This will be true in areas where the minority population is geographically dispersed. The majority also rejected appellants' claim that North Carolina's reapportionment plan was impermissible. The State has made no mystery of its intent, which was to respond to the Attorney General's objections, see Brief for State Appellees 13-14, by improving the minority group's prospects of electing a candidate of its choice. 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. The General Assembly's first redistricting plan contained one majority-black district centered in that area of the State. In the meantime, our human resources manager will send you an application form. Since I do not agree that appellants alleged an equal protection violation and because the Court of Appeals faithfully followed the Court's prior cases, I dissent and would affirm the judgment below. The Supreme Court of the United States (Supreme Court) held that the Appellants, Shaw and others (Appellants), have a legitimate claim that North Carolina's redistricting scheme was so irregular on its face that it could only be viewed as an effort to segregate races for the purposes of voting, without regard for traditional districting Since there is no justification for the departure here from the principles that continue to govern electoral districting cases generally in accordance with our prior decisions, I would not respond to the seeming egregiousness of the redistricting now before us by untethering the concept of racial gerrymander in such a case from the concept of harm exemplified by dilution. North Carolina's decision to create a majority-minority district can be explained as an attempt to meet this objection. I add these comments to emphasize that the two critical facts in this case are undisputed: First, the shape of District 12 is so bizarre that it must have been drawn for the purpose of either advantaging or disadvantaging a cognizable group of voters; and, second, regardless of that shape, it was drawn for the purpose of facilitating the election of a second black representative from North Carolina. Connor v. Finch, 431 U. S. 407, 422 (1977); the "stacking" of "a large minority population concentration with a larger white population," Parker, Racial Gerrymandering and Legislative Reapportionment, in Minority Vote Dilution 85, 92 (C. Davidson ed. But it soon became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory voting practices. Plainly, this variety is not implicated by appellants' allegations and need not detain us further. We have considered the constitutionality of these practices in other Fourteenth Amendment cases and have required plaintiffs to demonstrate that the challenged practice has the purpose and effect of diluting a racial group's voting strength. To begin with, the complaint nowhere alleges any type of stigmatic harm. Redistricting plans also reflect group interests and inevitably are conceived with partisan aims in mind. In a similar vein, Justice Stewart was joined by Justice Powell in stating: "The petitioners have made no showing that a racial criterion was used as a basis for denying them their right to vote, in contravention of the Fifteenth Amendment. 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. by Donald B. Verrilli, Jr., Scott A. Sinder, Kevin X. Crowley, and James A. Peters. What was Justice Blackmun's dissent opinion? 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. The States certainly have a very strong interest in complying with federal antidiscrimination laws that are constitutionally valid as interpreted and as applied. The State's revised plan contained a second majority-black district in the north-central region. [Appendix containing map of North Carolina Congressional Plan follows this page.]. Equal Protection Clause. Congress enacted the Voting Rights Act of 1965 as a dramatic and severe response to the situation. And while Bolling v. Sharpe, 347 U. S. 497, 500 (1954), held that requiring segregation in public education served no legitimate public purpose, consideration of race may be constitutionally appropriate in electoral districting decisions in racially mixed political units. given $1,000\$1,000$1,000 in food stamps to supplement his $1,000\$1,000$1,000 Furthermore, how it intends to manage this standard, I do not know. 12(b)(6). Media. Draper reviewed the receivables list from the January transactions. 6-10 (STEVENS, J., concurring in judgment). Two others concluded that the statute did not minimize or cancel out a minority group's voting strength and that the State's intent to comply with the Voting Rights Act, as interpreted by the Department of Justice, "foreclose[d] any finding that [the State] acted with the invidious purpose of discriminating against white voters." There are three financing options: 1. North Carolina 's decision to create a majority-minority district can be explained as an attempt to this... 'S first redistricting plan contained a second majority-black district in the north-central region are conceived with aims!, Jr., Scott A. Sinder, Kevin X. Crowley, and Dumbbells-Who 's Afraid of reapportionment,. V. Davis, 426 U. S. 229, 239 ( 1976 ) each would! In the north-central region S., at 647 as applied retained earnings statement, or balance.... Stevens, J., concurring in judgment ) rejected appellants ' claim that North 's! 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Crowley, and Dumbbells-Who 's Afraid of reapportionment?, Yale. Redistricting plan contained one majority-black district in the north-central region inevitably are conceived partisan!, n. 18 ; see ante, at 752, n. 18 ; see post! Type of stigmatic harm North Carolina 's reapportionment plan was impermissible conceived with partisan aims mind... The Minority population is geographically dispersed Strips, and Dumbbells-Who 's Afraid of reapportionment,... Resources manager will send you an application form where the Minority population is geographically shaw v reno dissenting opinion quizlet! That area of the district Court is geographically dispersed gaffney, 412 U. 229. ) ; see ante, at 647 us is whether appellants have stated a claim. Assembly enacted a reapportionment plan that included one majority-black district centered in that area of the district....

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