constitutional scrutiny; in fact, this country's long and persistent Inaddition, nothing in the Court's decisions compels the conclusion that The Attorney General specifically objected to the configuration of boundary lines drawn in the south-central to southeastern region of the State. narrowly tailored to further a compelling governmental interest. "ity voters-surely they cannot complain of discriminatory treatment.66 This is not to say that a group that has been afforded roughly proportional representation taker's concurrence appears to be premised on the notion that black citizens were being "fenc[ed] out" of municipal benefits.
After the Attorney General of the United States objected to the plan pursuant to § 5 of the Voting Rights Act of 1965, 79 Stat. This is altogether antithetical to our system of representative democracy.
9 As has been remarked, "[d]ragons, bacon strips, dumbbells and other strained shapes are not always reliable signs that partisan (or racial or ethnic or factional) interests are being served, while the most regularly drawn district may turn out to have been skillfully constructed with an intent to aid one party." "If these allegations upon a trial remained uncontradicted or unqualified, the conclusion would be irresistible, tantamount for all practical purposes to a mathematical demonstration, that the legislation is solely concerned with segregating white and colored voters by fencing Negro citizens out of town so as to deprive them of their pre-existing municipal vote." discrimination in voting. Since I do not agree that appellants alleged an equal protection violation and because the Court of Appeals faithfully followed the Court's prior cases, I dissent and would affirm the judgment below.I join JUSTICE WHITE'S dissenting opinion. 364 U. S., at 341.The majority resolved the case under the Fifteenth Amendment.
racial and political gerrymanders are subject to the same
The Court, while seemingly agreeing with this position, warns that the State's redistricting effort must be "narrowly tailored" to further its interest in complying with the law. Nor if dilution is proven is there any need for further constitutional scrutiny; there has never been a suggestion that such use of race could be justified under any type of scrutiny, since the dilution of the right to vote can not be said to serve any legitimate governmental purpose.There is thus no theoretical inconsistency in having two distinct approaches to equal protection analysis, one for6 In this regard, I agree with JUSTICE WHITE'S assessment of the difficulty the white plaintiffs would have here in showing that their opportunity to participate equally in North Carolina's electoral process has been unconstitutionally diminished. Where it exists, most often the result is that neither white nor black can be elected from a district in which his race is in the minority."
3. The North Carolina Republican Party and individual voters brought suit in Federal District Court, alleging that the plan constituted an unconstitutional political gerrymander under ham County, North Carolina, all registered to vote in that county. In particular, they have no bearing on whether the plan ultimately is found to violate the Constitution.
Pp. As a result of the 1990 census, North Carolina became entitled to a 12th seat in the United States House of Representatives. to Juris.
They did not even claim to be white. (b) Classifications of citizens based solely on race are by their nature odious to a free people whose institutions are founded upon the doctrine of equality, because they threaten to stigmatize persons by reason of their membership in a racial group and to incite racial hostility. 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." [Appendix containing map of North Carolina Congressional Plan follows this page.
authorization--North Carolina submitted to the Attorney General a Put differently, we believe that reapportionment is one area in which appearances do matter. App. I have no doubt that a State's compliance with the Voting Rights Act clearly constitutes a compelling 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. JUSTICE O'CONNOR delivered the opinion of the Court. Is it more "narrowly tailored" to create an irregular majority-minority district as opposed to one that is compact but harms other state interests such as incumbency protection or the representation of rural interests? To be sure, as the Court says, it would be logically possible to apply strict scrutiny to these cases (and to uphold those uses of race that are permissible), see 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.
Argued April 20, 1993-Decided June 28,1993To comply with § 5 of the Voting Rights Act of 1965-which prohibits a covered jurisdiction from implementing changes in a "standard, practice, or procedure with respect to voting" without federal authorization—North Carolina submitted to the Attorney General a congressional reapportionment plan with one majority-black district. Edwin S. Kneedler argued the cause for federal appellees. The first involves direct and outright deprivation of the right to vote, for example by means of a poll tax or literacy test. It also dismissed the complaint against the state appellees, finding, among other things, that, under 1. 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.
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