In the decision, the court ruled in a 54 majority that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause and on the basis that it violated the fourteenth Amendment because it was drawn solely based on race.[2]. "One person, one vote" requires congressional districts, to the extent possible, to be equally populated so that each vote carries with it the same amount of influence at the ballot box. In 1982, the Voting Rights Act was amended to target the decrease in a specific minority's ability to ever gain a voting majority. Racial classifications of any sort pose the risk of lasting harm to our society. The facts of this case mirror those presented inUnited Jewish Organizations of Williamsburgh, Inc. v. Carey(1977) (UJO), where the Court rejected a claim that creation of a majority-minority district violated the Constitution, either as aper sematter or in light of the circumstances leading to the creation of such a district. Justice OConnor noted that there are some rare circumstances where a law can appear racially neutral, but cannot be explained through anything but race; North Carolinas reapportionment plan fell into this category. Political Science & Politics. endobj Politicians have always relied on assumptions that people in particular groups are likely to vote in a particular way when they draw new district lines, and I cannot believe that anything in today's opinion will stop them from doing so in the future. 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. 0000003285 00000 n 0000001525 00000 n 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. of Ed. 79 0 obj evolved since its introduction in 1968 to include critical analyses of We also do not decide whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. This outlook has the potential to disenfranchise minorities, as courts may place more importance on the shape of the district, rather than the underrepresented people.[31]. The new district was described in Supreme Court's opinion as "snake-like. Justice Souter noted that the Court seemed to be suddenly applying strict scrutiny to a law that aimed to increase representation amongst a historically discriminated group. The Court found that race could not be the deciding factor when drawing districts. [26] Using the Shaw v. Reno decision, the justices decided that using racial reasons for redistricting is unconstitutional. occupational endeavors. <>/MediaBox[0 0 612 792]/Parent 63 0 R/Resources<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> 0000006832 00000 n 0000002203 00000 n If there were more black voters (minority) in one district, they would vote for a black representative (which was what the map-drawers wanted). He argued that drawing districts based on race in order to increase minority representation could serve an important government interest. Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district in North Carolina. The proposed 12th district was 160 miles (260km) long, winding through the state to connect various areas having in common only a large Black population and cut through five counties which split into three voting districts. In whatever district, the individual voter has a right to vote in each election, and the election will result in the voter's representation. Spitzer, Elianna. The message that such districting sends to elected representatives is equally pernicious. Shaw v. Reno: Supreme Court Case, Arguments, Impact. The US Department of Justice, led by Attorney General. [20] Then, the residents argued that the state had gone far this time by redrawing the district lines and creating a second district that was dominated by the minorities. [24], The dissenting opinions from Justice Blackmun and Stevens also brought many of the same points as White and they also added that the purpose of the equal protection clause was only to protect those who have been historically discriminated against. Congress, too, responded to the problem of vote dilution. 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. The First District was somewhat hook-shaped, beginning in the northeastern part of the state and tapering down with fingerlike extensions almost to the South Carolina border. Accordingly, the State devised a redistricting plan that created one majority-black district. On one hand, using the shortest-split method would be completely unbiased and could prevent partisan and racial gerrymandering. The result of Shaw led to a mixed reaction and, soon after, lawsuits were filed against majority-Black districts in some southern states such as Florida, Georgia, and Louisiana. In it, she writes that the court found that the shape of North Carolina's 12th district was so bizarre that the only reasonable explanation was that it had been drawn on the basis of race. In addition to being unclear, Shaw has the ability to disenfranchise minorities. [29] She noted that under the standard of "strict scrutiny", the districts were irregularly shaped and used race as a deciding factor. 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. North Carolinas 1990 census entitled the state to a 12th seat in the U.S. House of Representatives. Despite this, voter rights are being controlled by district shapes in the redistricting process. After the 1990 census, the North Carolina General Assembly was entitled to a 12th seat in the U.S. House of Representatives and redrew its congressional districts to account for the changes in population. <>/Border[0 0 0]/Rect[243.264 230.364 403.92 242.376]/Subtype/Link/Type/Annot>> endobj T 4V,q+P#8}0dA)^U>UL]UDy%v5q>qcec"fzhzsd={^p~q 60I G$5?oIy3es/*@.f@_M8_E !tX@Q6IJO@(J(N/W$vw'w,6( DF 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. 0 Today we hold only that appellants have stated a claim under the Equal Protection Clause by alleging that the North Carolina General Assembly adopted a reapportionment scheme so irrational on its face that it can be understood only as an effort to segregate voters into separate voting districts because of their race, and that the separation lacks sufficient justification. 92-357 Argued: April 20, 1993 Decided: June 28, 1993. . The question before us is whether appellants have stated a cognizable claim. Appellants contended that the General Assembly's revised reapportionment plan violated several provisions of the United States Constitution, including the Fourteenth Amendment. 0000008690 00000 n Would fixing gerrymandering by using the shortest-split line method be a good idea. The second district was strangely shaped to incorporate as many black voters as possible. [27] While Shaw failed to set clear criteria for gerrymandering, Shaw impacted the future of voting rights.The significance of the Shaw v. Reno decision is heavily debated but it is known that it had a lasting impact on how the Voting Rights Act was going to be enforced and the structure of the U.S. political system. In addition, any affected American citizen that felt that they are being affected by the Voting Rights Act can file a lawsuit stating that it violates Section 2 of the Voting Rights Act which led rise to the case. For much of our Nation's history, that right sadly has been denied to many because of race. "Shaw v. Reno: Supreme Court Case, Arguments, Impact." From there, Ruth O. Shaw sued this proposed plan with the argument that this 12th district was unconstitutional and violated the Fourteenth Amendment under the clause of equal protection. OH@5-w1-$fdY1s2J'00_8fb6XzzJ9GMRAb' 8rXzO qGu){yHj"b4|M,J:d!&0,!Y9}q_@,*,a6J^R\HU![:2. <>stream outside academe in government, research, organizations, consulting firms, the 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. The law of redistricting had to comply with this act in order for the minority group to have impact in the U.S. government. Attorney General Janet Reno instructed the North Carolina state assembly to add another majority-minority district in order to comply with the recent amendments to the Voting Rights Act. Upon seeking approval, the U.S. Attorney General objected to the fact that North Carolina had only one majority-black district. An understanding of the nature of appellants' claim is critical to our resolution of the case. 84 0 obj <>stream See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). Santa Clara County v. Southern Pacific Railroad Co. Harper v. Virginia State Board of Elections, San Antonio Independent School District v. Rodriguez, Massachusetts Board of Retirement v. Murgia, New York City Transit Authority v. Beazer. A federal District Court dismissed a lawsuit by North Carolina voters on the grounds that they had no claim for relief under a standard set by the previous Supreme Court case, United Jewish Organizations of Williamsburgh v. Carey. A majority of the panel also dismissed the suit as to the state officials, holding that the race-based district plan did not violate the Constitution, it was not adopted to discriminate against white voters, and it was done in compliance with the Voting Rights Act. Direct link to megamanwhiz's post On one hand, using the sh, Posted 3 years ago. research in colleges and universities in the U.S. and abroad, one-fourth work Elianna Spitzer is a legal studies writer and a former Schuster Institute for Investigative Journalism research assistant. <>/Border[0 0 0]/Rect[123.813 154.941 292.338 163.95]/Subtype/Link/Type/Annot>> endobj H|S[n0)rMl}$' 15NZ),B0L ^s"(54pi( h"A:J!_,:w.Z/W-.?7T]n -dR&((2M N;P@m$QwNzaV nXu-!h?u=q'{lQJj_TfTE}! We suggest making sure to create a study plan and set up your study space with a good environment. Freedom of Speech, Assembly, and Association. brings together political scientists from all fields of inquiry, regions, and Another argument that was made was the "snake-like" structure of the district and how it does not follow the reapportionment guidelines, which led to filling a lawsuit against both the state and federal government for political gerrymandering. All citizens may register, vote, and be represented. endstream How does racial gerrymandering go against the 14th amendment's equal protection clause? However, the phrasing of irregularly drawn districts has left room for much interpretation, letting judges use their opinions rather than relying on Shaw. ?qwtl@Tdn@ [ Tw3Hd-@13Yp ]|3%l/Oonr?":)Qz8(qH OH`So@b%?9p)3~6$Z The purpose of "one person, one vote" is that "one man's vote in a congressional election would be worth as much as another's." But it soon became apparent that guaranteeing equal access to the polls would not suffice to root out other racially discriminatory voting practices. SHAW v. RENO(1993) No. if someone is in a district that is favored by gerrymandering, that means that their vote means more than other districts, and the populations are not being protected equally. <<>> Dist. 0000041724 00000 n Racial classifications of any sort pose the risk of lasting harm to our society. 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. [13], Janet Reno (appellant) was the 78th Attorney General, appointed by President Clinton.[14]. He also stated that drawing districts on the basis of race could prove to be beneficial for minority communities. endobj Direct link to varshikaravi212008's post what are the advantages a, Posted 3 years ago. In its 1993 decision, the Supreme Court agreed, ruling that race cannot be the predominant factor in creating districts. A vote-dilution claim focuses on the majority's intent to harm a minority's voting power; a Shaw I claim focuses instead on the State's purposeful classification of individuals by their race, regardless of whether they are helped or hurt. After the 1990 census, the North Carolina General Assembly redrew its congressional districts to account for changes in population. Despite their invocation of the ideal of a "color-blind" Constitution, seePlessy v. Ferguson(1896) (Harlan, J., dissenting), appellants appear to concede that race-conscious redistricting is not always unconstitutional. That concession is wise: This Court never has held that race-conscious state decisionmaking is impermissible inallcircumstances. City of Cleburne v. Cleburne Living Center, Inc. Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, Board of Trustees of the University of Alabama v. Garrett, Nevada Department of Human Resources v. Hibbs, https://en.wikipedia.org/w/index.php?title=Shaw_v._Reno&oldid=1149587738, United States Supreme Court cases of the Rehnquist Court, United States electoral redistricting case law, Congressional districts of North Carolina, African-American history of North Carolina, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License 3.0. 66 0 obj For example, a Georgia court ruled that a district of average appearance was invalidated, but North Carolina's snake-like shaped district which could be described as irregular was upheld.
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