!\@2d%$%4^$VNVmp8mbe_b;.h:\g}hmbdBLT%p71_mra` 0000039011 00000 n Only one district in this new map was a majority-minority district (a district with more minority voters than white voters, in this case black voters). There is no constitutional requirement of compactness or contiguity for districts. Political Science & Politics. https://www.thoughtco.com/shaw-v-reno-4768502 (accessed May 1, 2023). The District Court, on remand, must determine whether there is racial gerrymandering, and if so, determine whether the plan is narrowly tailored to further a compelling governmental interest. The message that such districting sends to elected representatives is equally pernicious. According to the residents' complaint, racial gerrymandering prevented voters from participating in a color-blind voting process. Justice O'Connor, on behalf of the majority, found that redistricting plans could take race into account in order to comply with the Voting Rights Act of 1965, but race could not be the sole or predominant factor when drawing a district. HSm0@7p(pF 2B Vf$S'16}x;IDI+_UH1K=,a*}# !N5tt o(VbnPNPo>_tl`!| -E(:CQ TiNlGhWIz64^c{*25Ys,o%6Ai95m=[hv/Ak fasl|`  <<>> endobj 75 0 obj 67 0 obj Any government action that is solely based on race must be scrutinized under the Equal Protection Clause. 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 a result of the 1990 census, North Carolina gained one congressional seat, increasing its House membership to twelve and requiring the state legislature to redraw the state's congressional districts. In reference to re-apportionment plans that focus on race as a determining factor, Justice OConnor wrote: In his dissent, Justice White argued that the Court had ignored the importance of showing "cognizable harm," also known as proof that any sort of "harm" had even occurred. We suggest making sure to create a study plan and set up your study space with a good environment. 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. research in colleges and universities in the U.S. and abroad, one-fourth work This is altogether antithetical to our system of representative democracy. Dist. Following is the case brief for Shaw v. Reno, 509 U.S. 630 (1993) Case Summary of Shaw v. Reno: The State of North Carolina, in response to the U.S. Attorney General's objection that it had only one majority-black congressional district, created a second majority-black district. To log in and use all the features of Khan Academy, please enable JavaScript in your browser. In 1982, the Voting Rights Act was amended to target the decrease in a specific minority's ability to ever gain a voting majority. Justice Sandra Day OConnor delivered the 5-4 decision. xref Freedom of Speech, Assembly, and Association. Shaw v. Reno (1993) " Legislative and congressional districts will be struck down by courts for violating the Equal Protection Clause if they cannot be explained on grounds other than race. The case of Shaw v. Reno is significant because it created limitations on racial gerrymandering. Spitzer, Elianna. This was due to the establishment of the Fourteenth Amendment, which granted citizenship and equal rights to all African-Americans. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. We have rejected such perceptions elsewhere as impermissible racial stereotypes. By perpetuating such notions, a racial gerrymander may exacerbate the very patterns of racial bloc voting that majority-minority districting is sometimes said to counteract. %%EOF It gave an advantage to the minority group. In addition to being unclear, Shaw has the ability to disenfranchise minorities. of the profession. Dissents from Justices Blackmun and Stevens echoed Justice White. The Civil Rights Act of 1866: History and Impact, 5 Key Events in Affirmative Action History, Reynolds v. Sims: Supreme Court Case, Arguments, Impact, Sex Discrimination and the U.S. Constitution, Civil Rights Legislation and Supreme Court Cases, Women's Rights and the Fourteenth Amendment, Baker v. Carr: Supreme Court Case, Arguments, Impact. [2], The difference between constitutional and unconstitutional gerrymanders has nothing to do with whether they are based on assumptions about the groups they affect, but whether their purpose is to enhance the power of the group in control of the districting process at the expense of any minority group, and thereby to strengthen the unequal distribution of electoral power. - Shaw, 509 U.S. at 678[23], While Shaw intended to construct limitations on using race to gerrymander districts, it fell short to live up to those expectations. "One Person, One Vote" Cases 1. Racial classifications with respect to voting carry particular dangers. Legislative districts that cannot be explained through any means other than race may be struck down in court. Wesberry v. Sanders is a landmark case because it mandated that congressional districts throughout the country must be roughly equal in population. news media, and private enterprise. amend. Course: AP/College US Government and Politics, Interactions among branches of government. of Elections, 393 U. S. 544, 569 (1969) (emphasis added). endobj 0000004895 00000 n W(h)ither the Voting Rights Act After Shaw v. Reno alteration would apparently occur because whites in majority-minority districts would be "filler people," (quoting Aleinikoff and Issacharoff 1993, 631), not "expected to com-pete in any . Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district in North Carolina. Grofman adds that he does not believe Shaw to be a game-changer, but he does emphasize that while their consequences might not be as far-reaching, its succeeding cases are. [21], Reno, the Attorney General, argued that the creation of the second district was necessary in order to follow the request of the General Assembly that required them to abide by the Voting Right Act of 1965, which would increase the representation of the minority groups and allow them to have more of a voice when voting. hb```e``"@9~`h-a`9`[5Uk~b>Ls("l 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. This district would be North Carolina's second "majority-minority" district of majority Black voters. 0000004467 00000 n Nor, because of the distinctions between the two categories, is there any risk that Fourteenth Amendment districting law as such will be taken to imply anything for purposes of general Fourteenth Amendment scrutiny about "benign" racial discrimination, or about group entitlement as distinct from individual protection, or about the appropriateness of strict or other heightened scrutiny. h0dp0d-?+X.ItHg'6Hx50W;{nJc2u$fPvc]r+T+r;O9K_,^|[ Y In Reynold v. Sims, the phrase people, not trees of pastures, vote can be applied to Shaw, as people, not highways, vote. 71 0 obj endstream (2020, December 4). Request Permissions, Published By: American Political Science Association. Additionally, it was noted that allowing the 12th district to be drawn in that manner would be setting a dangerous precedent in our democratic system in which we are attempting to reach equality. Shaw v. Reno was an influential case and received backlash. <>stream It does so by glossing over the striking similarities, focusing on surface differences, most notably the (admittedly unusual) shape of the newly created districtand imagining an entirely new cause of action. See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). Source: After the General Assembly passed legislation creating the second district, a group of white voters in North Carolina, led by, A state creates a district made up of a majority of voters at similar income levels, A state creates a district made up of a majority of Democratic voters, A state creates a district made up of a majority of Asian voters, The Court ruled that claims of racial redistricting must be held to a standard of. 0000006041 00000 n The shapes of the two districts in question were quite controversial. society for individuals engaged in the study of politics and government. Posted 5 years ago. Four of the justices in this case dissented from the majority opinion, citing two reasons: first, that the white voters who brought the suit could not prove they had been injured in any way by the redistricting plan, and second, that the redistricting plan was an attempt to equalize treatment by providing minority voters with an effective voice in the political process, not an attempt to strip voting power from a particular group. This decision played a role in deciding many future cases, including Bush v. Vera and Miller v. Johnson. That argument strikes a powerful historical chord: It is unsettling how closely the North Carolina plan resembles the most egregious racial gerrymanders of the past. Under Shaw v. Reno, redistricting can be held to the same legal standard as laws that explicitly classify by race. They alleged that the General Assembly deliberately "create[d] two Congressional Districts in which a majority of black voters was concentrated arbitrarily--without regard to any other considerations, such as compactness, contiguousness, geographical boundaries, or political subdivisions" with the purpose "to create Congressional Districts along racial lines" and to assure the election of two black representatives to Congress. "The right to vote freely for the candidate of one's choice is of the essence of a democratic society."Reynolds v. Sims[1964]. endobj How would both views of the situation be similar. Drawing on the "one person, one vote" principle, this Court recognized that " [t]he right to vote can be affected by a dilution of voting power as well as by an absolute prohibition on casting a ballot." 641 *641 Allen v. State Bd. Shaw's group claimed that drawing districts based on race violated the equal protection clause of the Fourteenth Amendment. In this unanimous decision, it was decided that districts did indeed dilute Black votes and therefore did violate the Voting Rights Act. The Equal Protection Clause is only violated when a law seeks to hurt a minority group in voting. Direct link to Jasmine Devera's post How does racial gerrymand, Posted a year ago. The second majority-minority district served an important purpose in North Carolinas overall re-apportionment plan. <>/Border[0 0 0]/Rect[123.813 154.941 292.338 163.95]/Subtype/Link/Type/Annot>> The Court found that race could not be the deciding factor when drawing districts. Racial Gerrymanding and the 14th Amendment, Wikimedia Commons / United States Department of the Interior. HtSj@}edD J%VPJ" TQP*`?"7wX.@mg +yxRzVF!Pd(q>&90PA49n>&xj@!ii]P7iNFIk.%KDWpYD 8cmqJ%W2jiNUT*D[Gle/#Y0q~ It spite of such criticisms, the redistricting accomplished its goal. Racial classifications of any sort pose the risk of lasting harm to our society. ?qwtl@Tdn@ [ Tw3Hd-@13Yp ]|3%l/Oonr?":)Qz8(qH OH`So@b%?9p)3~6$Z They were the first blacks to represent North Carolina, a state with a 20 percent black population, since 1901. publications and programs, please see the APSA website. endobj It is known as the "one person, one vote" case. A district court dismissed the claims against the federal government and the state. The Attorney General formally objected to the plan, arguing that a second majority-minority district could be created in the south-central to the southeastern region to empower Indigenous voters. In his written opinion, Chief Justice John Marshall declared that "an act of the legislature repugnant to the Constitution is void." Baker v. Carr (1961) Established the "one-person, one-vote" principle that districts should be proportionately represented in Congress. The Court today answers this question in the affirmative, and its answer is wrong. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. One of the lower court judges described it as winding in a snakelike fashion through tobacco country, financial centers, and manufacturing areas until it gobbled up enough enclaves of black neighborhoods to create a majority-black district. 478 U.S. 30 (1986). 0000003021 00000 n Following is the case brief for Shaw v. Reno, 509 U.S. 630 (1993). Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's Equal Protection Clause. [1] After the 1990 census, North Carolina qualified to have a 12th district and drew it in a distinct snake-like manner in order to create a majority-minority Black district. The Court has abandoned settled law to decide this case. But 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. endstream What are the advantages and disadvantages of majority-minority districts? The resulting district was strangely structured and did not follow reapportionment guidelines which highlighted the importance of compactness, contiguousness, geographical boundaries, or political subdivisions." "Shaw v. Reno: Supreme Court Case, Arguments, Impact." <>stream 0000043223 00000 n [22] It included that the Supreme Court of the United States and the federal government that allowed states to find any possible way to comply to the Voting Rights Act of 1965, even if it meant having a strangely structured district like this one which Reno argued against. <>/MediaBox[0 0 612 792]/Parent 63 0 R/Resources<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> 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." of Elections, Wisconsin Legislature v. Wisconsin Elections Commission. Bush administration rejected this plan on the grounds that it gave blacks insufficient congressional representation. R`W_2}aR?)Z~[J&]TB5{j({^M[%&(R^#HOa Arizona State Legislature v. Arizona Independent Redistricting Commission, Virginia House of Delegates v. Bethune-Hill. It included all or portions of twenty-eight counties. Madison (1803)-Shaw v. Reno (1993) A Gave check and balance power to the Supreme Court-Ruled that North Carolina violated the due process clause of the Fourteenth Amendment B Declared that states did not have the power to tax the federal government-Prohibited oddly-shaped majority-minority districts These principles apply not only to legislation that contains explicit racial distinctions, but also to those "rare" statutes that, although race-neutral, are, on their face, "unexplainable on grounds other than race." H1n0Ew'`/8'e-9,>HX^c!+ We agree. Its central purpose is to prevent the states from purposefully discriminating between individuals on the basis of race. Much of the case law is devoted to the constitutional requirement of one person, one vote, but over the past 20 years, more and more of the case law has addressed the impermissible uses of race in redistricting. Drawing on the "one person, one vote" principle, this Court recognized that "[t]he right to vote can be affected by adilutionof voting power as well as by an absolute prohibition on casting a ballot." 83 0 obj The Court offers no adequate justification for treating the narrow category of bizarrely shaped district claims differently from other districting claims. Its coverage has I'm struggling with a phrase near the end: "[] attempt to equalize treatment by providing minority voters with an effective voice in the political process." 0000022342 00000 n The Justice Department accepted this revision. Finally, we must ask whether otherwise permissible redistricting to benefit an underrepresented minority group becomes impermissible when the minority group is defined by its race. endobj Under the Voting Rights Act, the State had to get approval for any congressional redistricting plan.
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