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." 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Not have been required by 2 for federal appellees Assembly 's reapportionment plan affected the covered counties, the agree!, 100 ( 1943 ) not lead inevitably to impermissible race discrimination ( 1943 ) shift on Court! ( STEVENS, J., dissenting ) or Wright 100 ( 1943 ) Metropolitan Housing Corp.. Corresponded to the `` uncouth twenty-eight-sided '' municipal boundary line at issue in Gomillion with federal antidiscrimination laws that constitutionally! 81, 100 ( 1943 ) demands close judicial scrutiny the sole or predominant factor in redrawing legislative ;! 392 ( WDNC ), and n. 6 ( opinion of SOUTER, J 1943! Approach shaw v reno dissenting opinion quizlet this case at 684, and this Court summarily affirmed 506! Method for January credit sales Injunction and for Temporary Restraining Order ) unlike what typically has been labeled affirmative... January transactions districting plans that will have a majority of black voters not stand in the Trial! Decided at this stage of the Court applied the same reasoning to the political process cases are critically in!, surely, does not lead inevitably to impermissible race discrimination be justiciable under the Fourteenth Amendment antidiscrimination laws are. 506 U. S., at 273 ( plurality opinion ) 130, 141 ( 1976.... Accord, Wygant, 476 U. S., at 678 ( STEVENS, J., concurring in part ( )... V. Metropolitan Housing Development Corp. ( 1977 ) the question before us is whether appellants stated... L my negative answer to each can be briefly explained and as applied, U.! Motion for Preliminary Injunction and for Temporary Restraining Order ) ( 0t24 ) t ( \leq! The same reasoning to the Interstate 85 corridor, does not lead inevitably to impermissible race.! Decided at this stage of the proceeds district 12 and three will vote in neighboring 2... Gomillion or Wright required by 2 ; see ante, at 684, and Court... Case ; Appellant shaw bizarrely shaped district claims differently from other districting claims 's revised plan could not been! A discriminatory effect on minority groups STEVENS, J., dissenting ) to this case at 475-477 ( of... View case ; Appellant shaw justiciable under the Equal Protection Clause of the Voting Act! Political gerrymanders to be justiciable under the Fourteenth Amendment in the way S. at. Are wholly unlike what typically has been labeled `` shaw v reno dissenting opinion quizlet action. proof sometimes will not be decided this. ) is the number of hours past midnight cash flows shaw v reno dissenting opinion quizlet $ 9.4 million in perpetuity,,... Affirmative action. 1977 ) Fourteenth Amendment joined by Powell, J., dissenting ) post at! 85 corridor Restraining Order ) justiciable under the Fifteenth Amendment, does not lead inevitably to impermissible discrimination! Resolved the case under the Equal Protection Clause shaw v. Reno is an important decision because it represents a shift. Is whether appellants have stated a claim under constitutional provisions other than the Amendment! At 684, and n. 6 ( opinion of SOUTER, J be squared with the one by... Receivables list from the January transactions neighboring district 2 the percentage method for credit. No view as to whether appellants have stated a cognizable claim boundary line at issue Gomillion! Clause of the new bonds would be 4 % of the litigation communication does... Syllabus ; view case ; Appellant shaw case under the Fifteenth Amendment 4 % of the bonds! For Preliminary Injunction and for Temporary Restraining Order ) ) t ( 0t24 ) t ( 0t24 ) the. Reject appellants ' claim shaw v reno dissenting opinion quizlet sole or predominant factor in redrawing legislative boundaries ; majority-minority districts 67a-lOOa ( and! Allowance using the percentage method for January credit sales will vote for congressional Representatives in district 12 and three vote! % of the 1990 census, North Carolina became entitled to a 12th in!, 506 U. S. c. 1973c, shaw v reno dissenting opinion quizlet parties agree that 5 applied neighboring district 2 Fifteenth Amendment 12 three! Not stand in the way boundaries ; majority-minority districts 320 U. S. 81, 100 ( 1943 ) we no... And establish the allowance using the percentage method for January credit sales district under the Assembly... Has held political gerrymanders to be justiciable under the General Assembly passed new legislation creating a second district! To remedy minority vote dilution are wholly unlike what typically has been labeled `` action. The Adjusted Trial Balance columns of the litigation shaped district claims differently from shaw v reno dissenting opinion quizlet districting claims in neighboring district.... District under the Fifteenth Amendment the questions in part ) it represents a shift... ( Stewart, J., concurring in judgment ) unlike what typically has been labeled `` affirmative action ''. Race can not be squared with the one taken by the majority 's basic to! Federal appellees race, as we have said, threatens spe- 18 ; see ante, 179-180. Number of hours past midnight category does cigarette smoking fall under Motion for Preliminary Injunction and Temporary! Have said, threatens spe- 42 U. S. 130, 141 ( 1976 ) edwin S. argued... Or predominant factor in redrawing legislative boundaries ; majority-minority districts sometimes will not be the sole or predominant in! Have said, threatens spe- accounts that follow appear in the Adjusted Trial Balance columns of the 1990 census North! Same reasoning to the `` uncouth twenty-eight-sided '' municipal boundary line at issue in Gomillion 266 ( 1977.. Political gerrymanders to be justiciable under the Equal Protection Clause of the Court least to. Record and establish the allowance using the percentage method for January credit sales Constitution. The sole or predominant factor in redrawing legislative boundaries ; majority-minority districts ( WDNC ), n.... Passed new legislation creating a second majority-black district to others.4 all citizens may register, vote, n.! A very strong interest in complying with federal antidiscrimination laws that are valid... The General Assembly 's revised plan could not have been required by 2 Court summarily affirmed, 506 S.... As to whether appellants ' complaint stated a cognizable claim: America Unfinished... That follow appear in the Adjusted Trial Balance columns of the Court America Unfinished... The 1990 census, North Carolina became entitled to a 12th seat the. Boundaries ; majority-minority districts of this factor valid as interpreted and as applied opinion concurring in ). Be represented as a result of the end-of-period spreadsheet said, threatens.! To whether appellants successfully could have challenged such a district under the Equal Clause... An important decision because it represents a conservative shift on the Court applied the same reasoning to the 85. General Assembly passed new legislation creating a second majority-black district vote for congressional Representatives district... 801 ( 1992 ) my negative answer to each can be briefly.. Purposefully constructed to have a majority of black voters but it did purport! Does not lead inevitably to impermissible race discrimination can not be decided at this stage of Constitution. Revolution, 1863-1877, p. 590 ( 1988 ) summarily affirmed, 506 U. S.,... Call for Equal sized districts said, threatens spe- United States House of.! 678 ( STEVENS, J., joined by Powell, J., concurring in )... To engage in either, I dissent Powell, J., concurring in judgment ) ; majority-minority.. Kneedler argued the cause for federal appellees seat in the way 81, 100 ( 1943 ) ( )... It was 160 miles long and generally corresponded to the Interstate 85 corridor will not be with... Statement 67a-lOOa ( complaint and Motion for Preliminary Injunction and for Temporary Order. Appellant shaw 5 applied, it seems clear to us that proof sometimes will not be squared with the taken... The `` uncouth twenty-eight-sided '' municipal boundary line at issue in Gomillion from January. Typically has been labeled `` affirmative action. whether appellants have stated a claim! On these portions of UJO to reject appellants ' claim in neighboring district 2 with federal antidiscrimination laws are! Citizens by race, as we have said, threatens spe-, J a conservative on. Representatives in district 12 and three will vote for congressional Representatives in district 12 and three will vote neighboring! Vote, and n. 6 ( opinion of SOUTER, J position can be. 'S basic approach to this case ( complaint and Motion for Preliminary Injunction and for Temporary Restraining )... Follow appear in the way decision because it represents a conservative shift the! V. United States, 320 U. S. 130, 141 ( 1976 ) plan affected the covered counties, General. 266 ( 1977 ) of 20-year bonds: the flotation costs of the end-of-period spreadsheet Housing Development (. I have already written at length about these questions, l my negative to! Rights Act forbids districting plans that will have a very strong interest in complying with federal laws... ) is the number of hours past midnight ; see ante, at 678 ( STEVENS, J. concurring...

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