They alleged that the general assembly had used racial gerrymandering. According to the College Board, these cases are essential content in college courses and in-depth analysis will help you gain the basis needed for future courses in politics. Direct link to Jasmine Devera's post How does racial gerrymand, Posted a year ago. While not dispositive, "bizarrely shaped" districts are strongly indicative of racial intent." from the NCSL Shelby County v. Holder (2013) You will be asked to compare one of the required cases (for which no information will be provided) with a case that is presented to you on the exam. <>stream Hirabayashi v. United States(1943). HSn0|W( ", "Gerrymandering Explained | Brennan Center for Justice", "Congressional Redistricting and the Voting Rights Act: A Legal Overview", "How Jim Crow-Era Laws Suppressed the African American Vote for Generations", "Shaw v. Reno Case Summary: What You Need to Know", "United Jewish Organizations of Williamsburgh, Inc. v. Carey", "Ruth O. SHAW, et al., Appellants v. Janet RENO, Attorney General, et al", "FindLaw's United States Supreme Court case and opinions", "Shaw et al. She has also worked at the Superior Court of San Francisco's ACCESS Center. This was a previous problem that discriminated against the minority voters however, the White residents thought it was hindering their voices racially. He argued that drawing districts based on race in order to increase minority representation could serve an important government interest. Box v. Planned Parenthood of Indiana and Kentucky, Inc. Monell v. Department of Social Services of the City of New York, Will v. Michigan Department of State Police, Inyo County v. Paiute-Shoshone Indians of the Bishop Community, Fitzgerald v. Barnstable School Committee. If any state wanted to change any voting rules, they had to receive pre-clearance to ensure no new rule was racist. 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. %PDF-1.7 % Many of these cases are controversial or were decided 5-4. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. Then, go over each court case and quiz yourself on the details. endobj The Justice Department under the George H.W. 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. Racial classifications of any sort pose the risk of lasting harm to our society. Which of the following is an accurate comparison of the two - Brainly record for APSA, issues also include Association News, governance Review questions How does redistricting affect the behavior of members of Congress? We also do not decide whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. 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. Bush administration rejected this plan on the grounds that it gave blacks insufficient congressional representation. 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. US Chapter Ten Flashcards | Quizlet At issue is whether the plan systematically dilutes the voting strength of Democratic voters statewide. In Reynold v. Sims, the phrase people, not trees of pastures, vote can be applied to Shaw, as people, not highways, vote. A federal court upheld the plan as not violating the "one person one vote" principle nor violating the Equal Protection Clause. 4H-?JXeHxG% . JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT. In Shaw v. Reno (1993), the U.S. Supreme Court questioned the use of racial gerrymandering in North Carolina's reapportionment plan. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. This was to designed to prevent any discrimination by race and North Carolina thought this plan was completely aligned with the request of the General Assembly guidelines. 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. Such approval would be forthcoming only if the plan did not jeopardize minority representation. Wesberry v. Sanders - Case Summary and Case Brief - Legal Dictionary The Equal Protection Clause should only be used to protect those who have been discriminated against in the past, they wrote. endstream APSA Not only should you be familiar with the final decisions, you should be familiar with the reasons for the majority opinion and how they impacted American society. Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's Equal Protection Clause. The white voters racial gerrymander claim is simply not of the same nature as one of a voter who has been historically discriminated against. 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). The shapes of the two districts in question were quite controversial. 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|` 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. The group claimed that the districts were racial gerrymanders that violated the equal protection clause of the Fourteenth Amendment. 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 . Shaw v. Reno | Case Brief for Law School | LexisNexis There is no constitutional requirement of compactness or contiguity for districts. <>stream Racial Gerrymanding and the 14th Amendment, Wikimedia Commons / United States Department of the Interior. At some points the district was no wider than Interstate 85, prompting one state legislator to remark that if "you drove down the interstate with both car doors open, you'd kill most of the people in the district." 85 0 obj 0000035323 00000 n 0000006832 00000 n H1n0Ew'`/8'e-9,>HX^c!+ Laws that explicitly distinguish between individuals on racial grounds fall within the core of that prohibition. Classifications of citizens 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 response, the state legislature revised the plan in a way that created two districts (the First and the Twelfth) that would have a majority of black voters. ThoughtCo. Arlington Heights v. Metropolitan Housing Development Corp.(1977). 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. In a 5-4 decision, the Court ruled in favor of Shaw, the five white voters in North Carolina. 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]. <>/Border[0 0 0]/Rect[510.324 617.094 549.0 629.106]/Subtype/Link/Type/Annot>> 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. 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. The constitutional provision central to the landmark case of Shaw v. Reno is the 14th Amendment's equal protection clause. Racial gerrymandering, even for remedial purposes, may balkanize us into competing racial factions; it threatens to carry us further from the goal of a political system in which race no longer matters--a goal that the Fourteenth and Fifteenth Amendments embody, and to which the Nation continues to aspire. Washington v. Davis(1976). 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. This case involves two of the most complex and sensitive issues this Court has faced in recent years: the meaning of the constitutional "right" to vote, and the propriety of race-based state legislation designed to benefit members of historically disadvantaged racial minority groups. Appellants allege that the revised plan, which contains district boundary lines of dramatically irregular shape, constitutes an unconstitutional racial gerrymander. 0000004467 00000 n amend. League of United Latin American Citizens v. Perry, consolidated with evolved since its introduction in 1968 to include critical analyses of While most APSA members are scholars who teach and conduct The second majority-minority district served an important purpose in North Carolinas overall re-apportionment plan. An understanding of the nature of appellants' claim is critical to our resolution of the case. https://www.thoughtco.com/shaw-v-reno-4768502 (accessed May 1, 2023). JUSTICE WHITE WITH WHOM JUSTICE BLACKMUN AND JUSTICE STEVENS JOIN, DISSENTING. "Shaw v. Reno: Supreme Court Case, Arguments, Impact." 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." "Shaw v. Reno: Supreme Court Case, Arguments, Impact." 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. See, e.g.,Rogers v. Lodge(1982);White v. Regester(1973). 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. <>stream It is, therefore, unclear how to prove when a shape is bizarre enough to constitute a clear racial motive, making it hard for courts to decide on rulings. b#HE[aF34k It is known as the "one person, one vote" case. endobj Yes. 0000030385 00000 n 52 U.S.C. [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. Direct link to megamanwhiz's post On one hand, using the sh, Posted 3 years ago. [29] She noted that under the standard of "strict scrutiny", the districts were irregularly shaped and used race as a deciding factor. 0000000016 00000 n Spitzer, Elianna. 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 Reynolds v. Sims (1964) the U.S. Supreme Court ruled that states must create legislative districts that each have a substantially equal number of voters to comply with the Equal Protection Clause of the Fourteenth Amendment. Some southern states filed against majority-Black districts. of Elections, 393 U. S. 544, 569 (1969) (emphasis added). publications and programs, please see the APSA website. endobj If you're seeing this message, it means we're having trouble loading external resources on our website. The creation of a majority-black district makes up for centuries of discrimination. 1, Schuette v. Coalition to Defend Affirmative Action, Students for Fair Admissions v. President and Fellows of Harvard College, Personnel Administrator of Massachusetts v. Feeney, Mississippi University for Women v. Hogan. Justice Sandra Day O'Connor wrote the majority opinion in which she explains the court's ruling. 81 0 obj In Shaw v. Reno (1993), the U.S. Supreme Court questioned the use of racial gerrymandering in North Carolina's reapportionment plan.
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