At what time (or times) during the 24-hour period does the maximum body temperature occur? Washington v. Davis, 426 U. S. 229, 239 (1976). Appellants are five residents of Dur-. Following is the Case Brief for Baker v. Carr, United States Supreme Court, (1962) Case Summary of Baker v. Carr: A Tennessee resident brought suit against the Secretary of State claiming that the failure to redraw the legislative districts every ten years, as outlined in the state constitution, resulted in rural votes holding more votes . the group claimed that the districts were racial gerrymanders that violated the equal protection clause of the Fourteenth Amendment. Justice Stevens wrote a separate dissent. 412 U. S., at 754. 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. 1237, 1258 (1993). 1983). Even Justice Whit-. Gaffney, 412 U. S., at 752, n. 18; see ante, at 647. Location North Carolina General Assembly. 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. Another of the weapons in the States' arsenal was the racial gerrymander-"the deliberate and arbitrary distortion of district boundaries for [racial] purposes." 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. Final Vote: 5-4. (c) The classification of citizens by race threatens special harms that are not present in this Court's vote-dilution cases and thus warrants an analysis different from that used in assessing the validity of atlarge and multimember gerrymandering schemes. v. RENO, ATTORNEY GENERAL, ET AL. See App. See, e. g., Rogers v. Lodge, 458 U. S. 613, 616-617 (1982); White v. Regester, 412 U. S. 755, 765-766 (1973). of Elections, 393 U. S. 544, 569 (1969) (emphasis added). Give examples of input devices for computer systems. And when race is used to supplant seniority in layoffs, someone is laid off who would not be otherwise. Id., at 342-348. SUPREME COURT OF THE UNITED STATES. Accordingly, we have asked that an identifiable group demonstrate more than mere lack of success at the polls to make out a successful gerrymandering claim. Dissenting Opinion. The Justices disagreed only as to whether the plaintiffs had carried their burden of proof at trial. Accord, Washington v. Seattle School Dist. 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 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. 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. John Paul . The Court extended the reasoning of Gomillion to congressional districting in Wright v. Rockefeller, 376 U. S. 52 (1964). The United States Supreme Court ruled that federal courts could hear and rule on cases in which plaintiffs allege that re-apportionment plans violate the Equal Protection Clause of the Fourteenth Amendment . A reapportionment statute typically does not classify persons at all; it classifies tracts of land, or addresses. Two judges also concluded that, to the extent appellants challenged the Attorney General's preclearance decisions, their claim was foreclosed by this Court's holding in Morris v. Gressette, 432 U. S. 491 (1977). Appellants' racial gerrymandering claims must be examined against the backdrop of this country's long history of racial discrimination in voting. Bush administration rejected this plan on the grounds that it gave blacks insufficient congressional representation. 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. You're all set! Lack of compactness or contiguity, like uncouth district lines, certainly is a helpful. *, JUSTICE O'CONNOR delivered the opinion of the Court. 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. But the State must have a "'strong basis in evidence for [concluding] that remedial action [is] necessary.'" That concession is wise: This Court never has held that race-conscious state decisionmaking is impermissible in all circumstances. In our view, the District Court properly dismissed appellants' claims against the federal appellees. But even assuming that it does, there is no question that appellants have not alleged the requisite discriminatory effects. UJO set forth a standard under which white voters can establish unconstitutional vote dilution. Cf. 5. Where was the Rule of Law or Legal Principle Applied? Id., at 151-152 (emphasis added). Appellants point out that blacks currently hold the positions of State Auditor, Speaker of the North Carolina House of Representatives, and chair of the North Carolina State Board of Elections. Northbound and southbound drivers on 1-85 sometimes find themselves in separate districts in one county, only to "trade" districts when they enter the next county. 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. See Rogers v. Lodge, 458 U. S. 613, 624-626 (1982); Chapman v. Meier, 420 U. S. 1, 17 (1975) (requiring proof that "the group has been denied access to the political process equal to the access of other groups").2. It involves, instead, an attempt to equalize treatment, and to provide minority voters with an effective voice in the political process. 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.". or What? It did not do so. Again, in White v. Regester, supra, the same criteria were used to uphold the District Court's finding that a redistricting plan was unconstitutional. Respondent Argument (Reno) 1. 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. Ante, at 652. Classifying citizens by race, as we have said, threatens spe-. 10 This appears to be what has occurred in this instance. 42 U. S. C. 1973(b). But their loose and imprecise use by today's majority has, I fear, led it astray. Edwin S. Kneedler argued the cause for federal appellees. "Being aware," in this context, is shorthand for "taking into account," and it hardly can be doubted that legislators routinely engage in the business of making electoral predictions based on group characteristics-racial, ethnic, and the like. v. Bakke, 438 U. S. 265, 304-305 (1978) (Powell, J.) The food stamps cannot be used to buy wine. Written and curated by real attorneys at Quimbee. It is also unnecessary to decide at this stage of the litigation whether the plan advances a state interest distinct from the Act: eradicating the effects of past racial discrimination. 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. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. The largest concentrations of black citizens live in the Coastal Plain, primarily in the northern part. 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." Nor is it a particularly accurate description of what has occurred. Majority Opinion/Decision. Cf. We have indicated that similar preconditions apply in 2 challenges to single-member districts. 14, 1. It may be that the terms for pleading this cause of action will be met so rarely that this case will wind up an aberration. Gomillion, supra, at 341. where t(0t24)t(0 \leq t \leq 24)t(0t24) is the number of hours past midnight. Constitutional Issue/Question (Shaw v. Reno). It is ironic that it does so when white voters challenge a law that would have North Carolina send a black representative to Congress for the first time since Reconstruction, here is no constitutional requirement of compactness or contiguity for districts. for a remand at all, even accepting the majority's basic approach to this case. It may be that the terms for pleading this cause of action will be met so rarely that this case will wind up an aberra-. That claim was dismissed, see Pope v. Blue, 809 F. Supp. Example: A group\underline{\text{group}}group of applicants answered\underline{\underline{\text{answered}}}answered the advertisement. If a cognizable harm like dilution or the abridgment of the right to participate in the electoral process is shown, the districting plan violates the Fourteenth Amendment. It also sends to elected representatives the message that their primary obligation is to represent only that group's members, rather than their constituency as a whole. This will be true in areas where the minority population is geographically dispersed. Enduring Legacy. Traditional civil rights groups--the NAACP Legal Defense Fund, Lawyers' Committee for Civil Rights Under Law, and the Mexican American Legal Defense Fund--submitted amicus curiae briefs in favor of the minority districts, and groups with long histories of opposition to quota programs--Washington Legal Foundation and the American Jewish Congress--argued against them. 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. White v. Regester, supra, at 766. Of the 10 counties through which District 12 passes, 5 are cut into 3 different districts; even towns are divided. 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. Nor is there any support for the. In Guinn v. United States, 238 U. S. 347 (1915), the Court invalidated under the Fifteenth Amendment a statute that imposed a literacy requirement on voters but contained a "grandfather clause" applicable to individuals and their lineal descendants entitled to vote "on [or prior to] January 1, 1866." 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. Id., at 154, n. 14 (quoting Brief for Petitioners, O. T. 1976, No. Ostensibly race-neutral devices such as literacy tests with "grandfather" clauses and "good character" provisos were devised to deprive black voters of the franchise. See Gomillion v. Lightfoot, 364 U. S. 339. 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." 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. 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). As Justice Douglas explained in his dissent in Wright v. Rockefeller nearly 30 years ago: "Here the individual is important, not his race, his creed, or his color. Although I would leave this question for another day, I would note that even then courts have insisted on "some showing of injury to assure that the district court can impose a meaningful remedy." They found that race-based districting is not prohibited by the Constitution. Croson, supra, at 493 (plurality opinion); UJO, supra, at 173 (Brennan, J., concurring in part) ("[E]ven in the pursuit of remedial objectives, an explicit policy of assignment by race may serve to stimulate our society's latent race consciousness, suggesting the utility and propriety of basing decisions on a factor that ideally bears no relationship to an individual's worth or needs"). The second majority-black district, District 12, is even more unusually shaped. Carr. Since the holding here makes it unnecessary to decide whether or how a reapportionment plan that, on its face, can be explained in nonracial terms successfully could be challenged, the Court expresses no view on whether the intentional creation of majorityminority districts, without more, always gives rise to an equal protection claim. The message that such districting sends to elected representatives is equally pernicious. After the Attorney General of the United States objected to the plan pursuant to 5 of the Voting Rights Act of 1965, 79 Stat. There are three financing options: 1. But the cases are critically different in another way. See post, at 679 (opinion of STEVENS, J. The majority found no support for appellants' contentions that race-based districting is prohibited by Article I, 4, or Article I, 2, of the Constitution, or by the Privileges and Immunities Clause of the Fourteenth Amendment. 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." In this case, the Attorney General suggested that North Carolina could have created a reasonably compact second majority-minority district in the south-central to southeastern part of the State. Pp. Const., Arndt. Ibid. Media. Moreover, a group's power to affect the political process does not automatically dissipate by virtue of an electoral loss. 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. But "[a] number of states refused to take no for an answer and continued to circumvent the fifteenth amendment's prohibition through the use of both subtle and blunt instruments, perpetuating ugly patterns of pervasive racial discrimination." 808 F. 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." These arguments were not developed below, and the issues remain open for consideration on remand. WHITE, J., filed a dissenting opinion, in which BLACKMUN and STEVENS, JJ., joined, post, p. 658. In its 1993 decision, the Supreme Court agreed, ruling that race cannot be the predominant factor in creating districts. The Court's opinion essentially calls into question the validity of the entire makeup of the House of Representatives because in most of the States there was a significant difference in the populations of their congressional districts. 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. Indeed, racial classifications receive close scrutiny even when they may be said to burden or benefit the races equally. See Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). Thus. 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