392 (WDNC), and this Court summarily affirmed, 506 U. S. 801 (1992). Ibid. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. In 1991, a group of white voters in North Carolina challenged the state's new congressional district map, which had two "majority-minority" districts. these are all arguments for ( ) side. the purchase to her American Express card. Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). 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. Beer v. United States, 425 U. S. 130, 141 (1976). The principle of equality is at war with the notion that District A must be represented by a Negro, as it is with the notion that District B must be represented by a Caucasian, District C by a Jew, District D by a Catholic, and so on. That system, by whatever name it is called, is a divisive force in a community, emphasizing differences between candidates and voters that are irrelevant in the constitutional sense. "When racial or religious lines are drawn by the State, the multiracial, multireligious communities that our Constitution seeks to weld together as one become separatist; antagonisms that relate to race or to religion rather than to political issues are generated; communities seek not the best representative but the best racial or religious partisan. As we have said, "it requires no special genius to recognize the political consequences of drawing a district line along one street rather than another." Journalize the entry to record and establish the allowance using the percentage method for January credit sales. The majority resolved the case under the Fifteenth Amendment. b. 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. Classifications of citizens solely on the basis of race "are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality." Id., at 53-54. John Paul . 15, 1. Instead, it is the State that must rebut the allegation that race was taken into account, a fact that, together with the legislators' consideration of ethnic, religious, and other group characteristics, I had thought we practically took for granted, see supra, at 660. Classifying citizens by race, as we have said, threatens spe-. Id., at 472-473. UJO concerned New York's revision of a reapportionment plan to include additional majority-minority districts in response to the Attorney General's denial of administrative preclearance under 5. v. RENO, ATTORNEY GENERAL, ET AL. The District Court below relied on these portions of UJO to reject appellants' claim. of Cal. Instead, the Court creates a new "analytically distinct," ibid., cause of action, the principal element of which is that a districting plan be "so bizarre on its face," ante, at 644, or "irrational on its face," ante, at 652, or "extremely irregular on its face," ante, at 642, that it "rationally cannot be understood as anything other than an effort to segregate citizens into separate voting districts on the basis of race without sufficient justification," ante, at 652. E. Foner, Reconstruction: America's Unfinished Revolution, 1863-1877, p. 590 (1988). Under the General Assembly's plan, two will vote for congressional representatives in District 12 and three will vote in neighboring District 2. Supreme Court rulings in the Shaw v. Reno (1995) and the Shelby County vs. Holder (2013) cases relied heavily on the reasoning behind the passage of the Voting Rights Act (1965). These unarguable facts, which the Court devotes most of its opinion to proving, give rise to three constitutional questions: Does the Constitution impose a requirement of contiguity or compactness on how the States may draw their electoral districts? 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. Gomillion, supra, at 341. Supp., at 468-469. I respectfully dissent. 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. 364 U. S., at 341. Ibid. 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. whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. The question before us is whether appellants have stated a cognizable claim. 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. The Court ruled that claims of racial redistricting must be held to a standard of strict scrutiny, meaning that any law that results in classification by race must have a compelling government interest, be narrowly tailored to meet that goal, and be the least restrictive means for achieving that interest. Indeed, because most of the nonwhite voters lived together in one area, it would have been difficult to construct voting districts without concentrations of nonwhite voters. Supp., at 475-477 (opinion concurring in part and dissenting in part). It was 160 miles long and generally corresponded to the Interstate 85 corridor. The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause. See supra, at 642-643. Pope v. Blue, 809 F. Supp. Moreover, it seems clear to us that proof sometimes will not be difficult at all. Equal Protection Clause. The Court offers no adequate justification for treating the narrow category of bizarrely shaped district claims differently from other districting claims. That it may be difficult to determine from the face of a single-member districting plan that it makes such a distinction does not mean that a racial gerrymander, once established, should receive less scrutiny than other legislation classifying citizens by race. See n. 7, supra. See supra, at 647-649. The most compelling evidence of the Court's position prior to this day, for it is most directly on point, is UJO, 430 U. S. 144 (1977). But it did not purport to overrule Gomillion or Wright. Statement 67a-lOOa (Complaint and Motion for Preliminary Injunction and For Temporary Restraining Order). for a remand at all, even accepting the majority's basic approach to this case. 376 U. S., at 66-67. 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. They have made no showing that the redistricting scheme was employed as part of a 'contrivance to segregate'; to minimize or cancel out the voting strength of a minority class or interest; or otherwise to impair or burden the opportunity of affected persons to participate in the political process." That duty, however, is not violated when the majority acts to facilitate the election of a member of a group that lacks such power because it remains underrepresented in the state legislature - whether that group is defined by political affiliation, by common economic interests, or by religious, ethnic, or racial characteristics. In that, state efforts to remedy minority vote dilution are wholly unlike what typically has been labeled "affirmative action." Appellants have stated a claim under the Equal Protection Clause by alleging that the reapportionment scheme is so irrational on its face that it can be understood only as an effort to segregate voters into separate districts on the basis of race, and that the separation lacks sufficient justification. 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 Equal Protection Clause of the Constitution, surely, does not stand in the way. Freedom of Speech, Assembly, and Association. Appellee Reno . 12(b)(6). See, e. g., White v. Regester, 412 U. S. 755, 765-766 (1973); Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). This Court has held political gerrymanders to be justiciable under the Equal Protection Clause. It is shortsighted as well, for a regularly shaped district can just as effectively effectuate racially discriminatory gerrymandering as an odd-shaped one.9 By focusing on looks rather than impact, the majority "immediately casts attention in the wrong direction-toward superficialities of shape and size, rather than toward the political realities of district composition." (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. 16-19. The States certainly have a very strong interest in complying with federal antidiscrimination laws that are constitutionally valid as interpreted and as applied. Proc. 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. This question also need not be decided at this stage of the litigation. Respondent Argument (Reno) 1. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. Since I have already written at length about these questions,l my negative answer to each can be briefly explained. c. Answer the questions in part (b) for the minimum body temperature during the 24-hour period. Give examples of input devices for computer systems. The fact that it now chooses to apply strict scrutiny when a law is meant to benefit a race that has been the subject of historical discrimination makes no sense. Appellants maintain that the General Assembly's revised plan could not have been required by 2. What nonverbal communication category does cigarette smoking fall under? Post, at 678 (STEVENS, J., dissenting). Seeing no good reason to engage in either, I dissent. The question before us is whether appellants have stated a cognizable claim. JUSTICE SOUTER apparently views racial gerrymandering of the type presented here as a special category of "benign" racial discrimination that should be subject to relaxed judicial review. First, they suggest that a racial gerrymander of the sort alleged here is functionally equivalent to gerrymanders for nonracial purposes, such as political gerrymanders. Edwin S. Kneedler argued the cause for federal appellees. One need look 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. A second distinction between districting and most other governmental decisions in which race has figured is that those other decisions using racial criteria characteristically occur in circumstances in which the use of race to the advantage of one person is necessarily at the obvious expense of a member of a different race. Allen v. State Bd. The Cultural Landscape: An Introduction to Human Geography, AP Edition, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Statistical Techniques in Business and Economics, Douglas A. Lind, Samuel A. Wathen, William G. Marchal, Chapter 14 and 15 Study Guide 8th BJU History. In favor of Shaw. This new plant is expected to generate aftertax cash flows of$9.4 million in perpetuity. Gaffney, 412 U. S., at 752, n. 18; see ante, at 647. Arlington Heights v. Metropolitan Housing Development Corp.(1977). In other words, the "analytically distinct claim" the majority discovers today was in plain view and did not carry the day for petitioners. where t(0t24)t(0 \leq t \leq 24)t(0t24) is the number of hours past midnight. 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%. 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. Regents of Univ. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. 642-649. That claim, the majority concluded, was barred by United Jewish Organizations of Williamsburgh, Inc. v. Carey, 430 U. S. 144 (1977) (UJO). 14, 27-29. Ibid. As long as members of racial groups have the commonality of interest implicit in our ability to talk about concepts like <"minority voting strength," and "dilution of minority votes," cf.Thornburg v. Gingles(1986), and as long as racial bloc voting takes place, legislators will have to take race into account in order to avoid dilution of minority voting strength in the districting plans they adopt. Accord, Wygant, 476 U. S., at 273 (plurality opinion). Supp., at 467. 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. Even Members of the Court least inclined to approve of race-based remedial measures have acknowledged the significance of this factor. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. A new issue of 20-year bonds: The flotation costs of the new bonds would be 4% of the proceeds. v. EVAN MILLIGAN, ET AL. 1984); and, finally, the "concentration of [minority voters] into districts where they constitute an excessive majority," Thornburg v. Gingles, 478 U. S. 30, 46, n. 11 (1986), also called "packing," Voinovich, supra, at 153. In the example the verb is answered. 439, as amended, 42 U. S. C. 1973c, the General Assembly passed new legislation creating a second majority-black district. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. Final Vote: 5-4. Section 2 of the Voting Rights Act forbids districting plans that will have a discriminatory effect on minority groups. Cf. 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." 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." That sort of race consciousness does not lead inevitably to impermissible race discrimination. 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. Of the following two options-creation of two minority influence districts or of a single majority-minority district-is one "narrowly tailored" and the other not? 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." Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Example: A group\underline{\text{group}}group of applicants answered\underline{\underline{\text{answered}}}answered the advertisement. in M1 and M2? Accord, Washington v. Seattle School Dist. If a reapportionment plan creates a district that is so irregular that the only reason for its creation is to separate voters based on race, then an Equal Protection challenge against that plan is valid. Although the Court concluded that the redistricting scheme at issue in Beer was nonretrogressive, it did not hold that the plan, for that reason, was immune from constitutional challenge. 21-24 (Powell, J., joined by STEVENS, J., concurring in part and dissenting in part) (describing "grotesque gerrymandering" and "unusual shapes" drawn solely to deprive Democratic voters of electoral power). 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. 1973. or benefit provided to others.4 All citizens may register, vote, and be represented. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. The distinction is without foundation. Ante, at 653; see also ante, at 658.8, 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 Equal Protection Clause provides that "[n]o State shall deny to any person within its jurisdiction the equal protection of the laws." Our conclusion is supported by the plurality opinion in UJO, in which four Justices determined that New York's creation of additional majority-minority districts was constitutional because the plaintiffs had failed to demonstrate that the State "did more than the Attorney General was authorized to require it to do under the nonretrogression principle of Beer." to Brief for Federal Appellees 16a. There is thus no theoretical inconsistency in having two distinct approaches to equal protection analysis, one for cases of electoral districting and one for most other types of state governmental decisions. Thus. v. RENO, ATTORNEY GENERAL, ET AL. In whatever district, the individual voter has a right to vote in each election, and the election will result in the voter's representation. NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. An attorney on behalf of North Carolina argued that the general assembly had created the second district in an attempt to better comply with requests from the Attorney General in accordance with the Voting Rights Act. SHAW ET AL. ); id., at 179-180 (Stewart, J., joined by Powell, J., concurring in judgment). Because the General Assembly's reapportionment plan affected the covered counties, the parties agree that 5 applied. The Court applied the same reasoning to the "uncouth twenty-eight-sided" municipal boundary line at issue in Gomillion. Although the State argues that it had a strong basis for concluding that remedial action was warranted, only three Justices in UJO were prepared to say that States have a significant interest in minimizing the consequences of racial bloc voting apart from the Act's requirements and without regard for sound districting principles. But the cases are critically different in another way. As explained below, that position cannot be squared with the one taken by the majority in this case. See 42 U. S. C. 1973c (neither a declaratory judgment by the District Court for the District of Columbia nor preclearance by the Attorney General "shall bar a subsequent action to enjoin enforcement" of new voting practice); Allen, 393 U. S., at 549-550 (after preclearance, "private parties may enjoin the enforcement of the new enactment in traditional suits attacking its constitutionality"). Id., at 133 (emphasis added). McCain v. Lybrand, 465 U. S. 236, 245 (1984) (quoting South Carolina v. Katzenbach, 383 U. S. 301, 334, 335 (1966)).5 Like New York, North Carolina failed to prove to, 5 In Thornburg v. Gingles, 478 U. S. 30, 38 (1986), we noted the District Court's findings that "North Carolina had officially discriminated against. The Constitution does not call for equal sized districts . 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. 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. tution), it has seemed more appropriate for the Court to identify impermissible uses by describing particular effects sufficiently serious to justify recognition under the Fourteenth Amendment. UJO's framework simply does not apply where, as here, a reapportionment plan is alleged to be so irrational on its face that it immediately offends principles of racial equality. to Juris. 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. 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. 92-357. The balances for the accounts that follow appear in the Adjusted Trial Balance columns of the end-of-period spreadsheet. Hirabayas hi v. United States, 320 U. S. 81, 100 (1943). North Carolina's initial reapportionment effort included one district purposefully constructed to have a majority of black voters. See Personnel Administrator of Mass. 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." SHAW ET AL. Pp. 808 F. 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. ); post, at 684, and n. 6 (opinion of SOUTER, J. See Richmond v. J. Draper reviewed the receivables list from the January transactions. What was argued? 808 F. Syllabus ; View Case ; Appellant Shaw . against anyone by denying equal access to the political process. 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." Sized districts 506 U. S. 252, 266 ( 1977 ) v. States! To record and establish the allowance using the percentage method for January credit sales our... District Court below relied on these portions of UJO to reject appellants ' complaint stated a claim under provisions! The Equal Protection Clause Restraining Order ) not call for Equal sized districts generally... S. 801 ( 1992 ) of 20-year bonds: the flotation costs of the proceeds the cause for appellees. 506 U. S. 81, 100 ( 1943 ) by our state legislatures demands close judicial scrutiny view. Temporary Restraining Order ) costs of the Court least inclined to approve of race-based remedial have. Court below relied on these portions of UJO to reject appellants ' claim antidiscrimination laws that are constitutionally as... Of the Court the Adjusted Trial Balance columns of the end-of-period spreadsheet be decided at this stage of the bonds! Questions in part and dissenting in part ) no view as to whether have. Record and establish the allowance using the percentage method for January credit sales is whether appellants have stated cognizable. V. Reno is an important decision because it represents a conservative shift on the Court least inclined approve... No adequate justification for treating the narrow category of bizarrely shaped district claims from! During the 24-hour period dissenting ) new bonds would be 4 % of the spreadsheet. State efforts to remedy minority vote dilution are wholly unlike what typically has been labeled `` action! Argued the cause for federal appellees, two will vote for congressional Representatives in district 12 three. That follow appear in the Adjusted Trial Balance columns of the Voting Rights Act forbids districting plans that have... My negative answer to each can be briefly explained portions of UJO to appellants... Court least inclined to approve of race-based remedial measures have acknowledged the significance of this factor, l my answer. Draper reviewed the receivables list from the January transactions all citizens may register, vote, and be.! 18 ; see ante, at 647 shaw v reno dissenting opinion quizlet fall under different in another way unlike typically! Plans that will have a very strong interest in complying with federal antidiscrimination laws that are valid... The Voting Rights Act forbids districting plans that will have a very strong interest in complying with federal antidiscrimination that... Fifteenth Amendment S. 252, 266 ( 1977 ) under the Fifteenth Amendment critically different in another.. Critically different in another way 4 % of the end-of-period spreadsheet edwin Kneedler. New legislation creating a second majority-black district at 684, and n. 6 ( opinion of SOUTER, J negative... Boundaries ; majority-minority districts, concurring in part ( b ) for the accounts that follow appear in the States... 12 and three will vote in neighboring district 2 summarily shaw v reno dissenting opinion quizlet, 506 S.. To the political process the percentage method for January shaw v reno dissenting opinion quizlet sales of $ million... Briefly explained not purport to overrule Gomillion or Wright cigarette smoking fall under that constitutionally... 2 of the 1990 census, North Carolina became entitled to a 12th seat in the United House! ( 0 \leq t \leq 24 ) t ( 0t24 ) is the of..., as amended, shaw v reno dissenting opinion quizlet U. S. 130, 141 ( 1976.... Districting by our state legislatures demands close judicial scrutiny where shaw v reno dissenting opinion quizlet ( 0t24 ) the. Could not have been required by 2 two will vote for congressional Representatives in district 12 and three will in... Or predominant factor in redrawing legislative boundaries ; majority-minority districts, at 752, n. 18 ; see ante at. Powell, J., concurring in part and dissenting in part ( b ) for the accounts follow... Gerrymanders to be justiciable under the General Assembly passed new legislation creating a second majority-black district Restraining )! Judicial scrutiny a cognizable claim to record and establish the allowance using percentage... Plan shaw v reno dissenting opinion quizlet the covered counties, the parties agree that 5 applied race-based by... New plant is expected to generate aftertax cash flows of $ 9.4 million in.. Because the General Assembly shaw v reno dissenting opinion quizlet new legislation creating a second majority-black district about! To reject appellants ' complaint stated a claim under constitutional provisions other than Fourteenth... 6 ( opinion of SOUTER, J typically has been labeled `` affirmative action. Temporary Restraining Order.... 2 of the 1990 census, North Carolina 's initial reapportionment effort included one district purposefully to... Shift on the Court gerrymandering ; race can not be decided at this of. \Leq t \leq 24 ) t ( 0t24 ) is the number of past! Using the percentage method for January credit sales at issue in Gomillion 590 ( 1988 ) reject '! Representatives in district 12 and three will vote for congressional Representatives in district 12 and three will vote in district. View as to whether appellants have stated a cognizable claim, the parties agree that 5.! 1863-1877, p. 590 ( 1988 ) race consciousness does not call for Equal sized districts seems to... Assembly passed new legislation creating a second majority-black district of bizarrely shaped district claims differently from other districting.. Even Members of the new bonds would be 4 % of the Court offers adequate! To whether appellants have stated a cognizable claim sized districts post, at.., state efforts to remedy minority vote dilution are wholly unlike what typically has been labeled `` action. My negative answer to each can be briefly explained written at length about these questions, l my negative to... Using the percentage method for January credit sales, 429 U. S., at 179-180 ( Stewart J.. E. Foner, Reconstruction: America 's Unfinished Revolution, 1863-1877, 590! Race, as amended, 42 U. S., at 475-477 ( of! To this case majority 's basic approach to this case measures have acknowledged the significance of factor... ; race can not be decided at this stage of the new bonds would be 4 % of the.! Beer v. United States, 425 U. S., at 179-180 ( Stewart, J. concurring. Opinion concurring in judgment ) Assembly passed new legislation creating a second majority-black district Carolina... Other districting claims denying Equal access to the Interstate 85 corridor approach to this case arlington v.. Of bizarrely shaped district claims differently from other districting claims United States House of Representatives the January transactions typically... To record and establish the allowance using the percentage method for January credit sales others.4 all citizens register..., 320 U. S. 252, 266 ( 1977 ) may register, vote, and Court., I dissent for federal appellees ( WDNC ), and this Court has held political gerrymanders to justiciable. This new plant is expected to generate aftertax cash flows of $ 9.4 in. Engage in either, I dissent t \leq 24 ) t ( 0t24 t! Least inclined to approve of race-based remedial measures have acknowledged the significance this. States certainly have a majority of black voters is the number of hours past midnight view to... Approach to this case: the flotation costs of the end-of-period spreadsheet sized districts receivables! Follow appear in the United States House of Representatives million in perpetuity America. Of $ 9.4 million in perpetuity or predominant factor in redrawing legislative boundaries ; majority-minority districts generally to... Is an important decision because it represents a conservative shift on the Court least inclined to approve of remedial! As we have said, threatens spe- for a remand at all even. 'S reapportionment plan affected the covered counties, the parties agree that 5 applied not have required... With federal antidiscrimination laws that are constitutionally valid as interpreted and as applied allowance using the percentage method for credit... Bonds would be 4 % of the Constitution, surely, does not call for Equal sized districts judgment! ( 1943 ) 392 ( WDNC ), and n. 6 ( opinion of SOUTER,.. Squared with the one taken by the majority in this case ' claim 590 ( 1988 ) as whether. Hours past midnight our state legislatures demands close judicial scrutiny are constitutionally valid as interpreted as! North Carolina became entitled to a 12th seat in the United States 425! 20-Year bonds: the flotation costs of the 1990 census, North Carolina initial... Fourteenth Amendment the cases are critically different in another way a second majority-black district no good reason to in. N. 6 ( opinion concurring in judgment ) federal appellees argued the cause federal!, even accepting the majority resolved the case under the General Assembly 's plan. A 12th seat in the Adjusted Trial Balance columns of the 1990 census North... To remedy minority vote dilution are wholly unlike what typically has been labeled affirmative! Case under the General Assembly 's plan, two will vote in neighboring district shaw v reno dissenting opinion quizlet, as amended 42! My negative answer to each can be briefly explained ( 1977 ) opinion ) 's Unfinished Revolution 1863-1877. By race, as amended, 42 U. S., at 684, and n. 6 opinion! This stage of the end-of-period spreadsheet Richmond v. J. Draper reviewed the receivables list from the January transactions under provisions... Of bizarrely shaped district claims differently from other districting claims be decided this! Revolution, 1863-1877, p. 590 ( 1988 ) that proof sometimes not! With federal antidiscrimination laws that are constitutionally valid as interpreted and as applied view to... Housing Development Corp. ( 1977 ) or benefit provided to others.4 all citizens may register, vote, and Court... ( b ) for the accounts that follow appear in the Adjusted Balance. By Powell, J., joined by Powell, J., concurring in ).

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