This item is part of a JSTOR Collection. [4] The census marks when states can redraw their congressional district lines and in accordance with the Voting Rights Act of 1965, districts must be redrawn equally populated. endstream Accordingly, the State devised a redistricting plan that created one majority-black district. The Justice Department accepted this revision. society for individuals engaged in the study of politics and government. (2020, December 4). APSA As the journal of trailer 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. Some southern states filed against majority-Black districts. 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. Political Science & Politics. endstream As a result of the 1990 Census, North Carolina was entitled to a 12th seat in the House of Representatives. Shaw appealed. JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT. 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. <>stream 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. 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. To contextualize the Shaw supreme court case, gerrymandering is the redrawing of electoral districts to help give a political advantage. Justices looked to Shaw v. Reno for guidance as they ruled on the legality of racial gerrymandering. Founded in 1903, the American Political Science Association is the major professional The creation of a majority-black district makes up for centuries of discrimination. We suggest making sure to create a study plan and set up your study space with a good environment. Republicans challenged the map in the Supreme Court case Shaw v. Reno. [19] It was also argued that the racial gerrymandering hindered the voters from having a blind process of voting. 69 0 obj White voters could not fall into that category. Gerrymandering occurs when one group or political party draws voting district boundaries in a way that gives a specific group of voters more power. Shaw v. Reno (1993) In 1991, a group of white voters in North Carolina challenged the state's new congressional district map, which had two "majority-minority" districts. Baker v. Carr (1962) "The complaint's allegations of a denial of equal protection present a justiciable constitutional cause of action upon which appellants are entitled to a trial and a decision. Yes. For much of our Nation's history, that right sadly has been denied to many because of race. 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. The State Assembly wanted this 12 th seat to be a majority . The right asserted is within the reach of judicial protection under the Fourteenth Amendment." There are many discrepancies that each judge must take into account when using Shaw v. Reno as a precedent. In contrast, Reno, the Attorney General, argued that the district would allow for minority groups to have a voice in elections. 8Mb&|"#>oSRw,NIGJHL)m~CAU8tJ VTWo+k\.HKX~ex>QN+p']9~nmP^Td5JdSZN1tNd_O o=P17\{ 66 39 startxref 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. The general assembly took another look at the maps and drew in a second majority-minority district in the north-central region of the state, along Interstate 85. Supreme Court cases, which build on Shaw, focus on majority-minority districts and try to answer if race can be used to redistrict districts. 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. All citizens may register, vote, and be represented. In 1991, a group of white voters in North Carolina challenged the state's new congressional district map, which had two majority-minority districts. Now the claim was whether making a district based on race was racially adequate and fair for everyone. endstream 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. 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. 68 0 obj Course: AP/College US Government and Politics, Interactions among branches of government. endobj 79 0 obj Under the Voting Rights Act, the State had to get approval for any congressional redistricting plan. h0dp0d-?+X.ItHg'6Hx50W;{nJc2u$fPvc]r+T+r;O9K_,^|[ Y Review questions How does redistricting affect the behavior of members of Congress? There is thus no theoretical inconsistency in having two distinct approaches to equal protection analysis, one for cases of electoral districting and one for most other types of state governmental decisions. endobj 4H-?JXeHxG% . Fast Facts: Shaw v. Reno Case Argued: April 20, 1993 Decision Issued: June 28, 1993 Request Permissions, Published By: American Political Science Association. Direct link to Jasmine Devera's post How does racial gerrymand, Posted a year ago. North Carolina's initial reapportionment effort included one district purposefully constructed to have a majority of black voters. Box v. Planned Parenthood of Indiana and Kentucky, Inc. Monell v. Department of Social Services of the City of New York, Will v. Michigan Department of State Police, Inyo County v. Paiute-Shoshone Indians of the Bishop Community, Fitzgerald v. Barnstable School Committee. In Miller v. Johnson, Georgia's racial gerrymandering was questioned to violate the Equal Protection Clause, as it aimed to create a majority-Black district. 0000007232 00000 n This was to designed to prevent any discrimination by race and North Carolina thought this plan was completely aligned with the request of the General Assembly guidelines. Posted 5 years ago. Shaw v. Reno (1993) This case established that although legislative redistricting must be conscious of race and comply with the Voting Rights Act of 1965, it cannot exceed what is reasonably necessary to avoid racial imbalances. Not only should you be familiar with the final decisions, you should be familiar with the reasons for the majority opinion and how they impacted American society. At issue is whether the plan systematically dilutes the voting strength of Democratic voters statewide. Legislative districts that cannot be explained through any means other than race may be struck down in court. H|S[n0)rMl}$' 15NZ),B0L ^s"(54pi( h"A:J!_,:w.Z/W-.?7T]n -dR&((2M N;P@m$QwNzaV nXu-!h?u=q'{lQJj_TfTE}! "[15], After the General Assembly passed legislation creating the second district, a group of White voters in North Carolina, led by Ruth O. Shaw, sued on the grounds that the district was an unconstitutional gerrymander. In 1993, about 20% of the state population identified as Black. Language links are at the top of the page across from the title. Bush administration rejected this plan on the grounds that it gave blacks insufficient congressional representation. Appellants contend that redistricting legislation that is so bizarre on its face that it is "unexplainable on grounds other than race,"Arlington Heights, demands the same close scrutiny that we give other state laws that classify citizens by race. endobj The Twelfth District received even harsher criticism. Between 1962-1964, the Warren Court created a law known as "one person, one vote" as a right protected under the Equal Protection Clause of the Fourteenth Amendment. Residents objected to the re-apportionment plan, and five White residents from Durham County, North Carolina, led by Ruth O. Shaw, filed suit against the state and the federal government. Elianna Spitzer is a legal studies writer and a former Schuster Institute for Investigative Journalism research assistant. In their complaint, appellants did not claim that the General Assembly's reapportionment plan unconstitutionally "diluted" white voting strength. 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. If there were more black voters (minority) in one district, they would vote for a black representative (which was what the map-drawers wanted). subfields aimed at the informed, general reader. The U.S. Supreme Court acknowledged probable jurisdiction. 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. The 160-mile corridor cut through five counties, splitting some counties into three voting districts. This is altogether antithetical to our system of representative democracy. H|m0( In the absence of an allegation of such harm, I would affirm the judgment of the District Court. The racial gerrymander is one of those tools. Shaw v. Reno places a lot of importance on the actual lines drawn, rather than who they contain. [2] The redistricting plans of this case were overturned and the overall decision aligned with that of the Shaw case. 0000041724 00000 n 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. Id., at 651-652 (distinguishing the vote-dilution claim in United Jewish Organizations of Williamsburgh, Inc. R`W_2}aR?)Z~[J&]TB5{j({^M[%&(R^#HOa [25] The Shaw v. Reno decision led to different interpretations as questions were left unanswered. evolved since its introduction in 1968 to include critical analyses of The Court found that race could not be the deciding factor when drawing districts. 0000000016 00000 n 0000035151 00000 n Legislation that classifies a person or group of people solely based on their race is, by its nature, a threat to a system that strives to achieve equality, the majority opined. Our voting rights precedents support that conclusion. [W]e believe that reapportionment is one area in which appearances do matter. The shape of the district at issue in this case is indeed so bizarre that few other examples are ever likely to carry the unequivocal implication of impermissible use of race that the Court finds here. The journal provides coverage of the broad range of Racial classifications of any sort pose the risk of lasting harm to our society. <>/Border[0 0 0]/Rect[81.0 617.094 129.672 629.106]/Subtype/Link/Type/Annot>> [3] Through this process, political parties can draw the boundaries of districts to favor their party's candidate as they allow for extra seats to be won. 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. news media, and private enterprise. Shaw v. Reno (1993) United States v. Lopez (1995) McDonald v. Chicago (2010) Citizens United v. Federal Election Commission (2010) Why These Cases? Direct link to Cameron Christensen's post I'm struggling with a phr, Posted 5 years ago. Direct link to nikhilmenghani12's post Would fixing gerrymanderi, Posted 4 years ago. 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. 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. 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. "Shaw v. Reno: Supreme Court Case, Arguments, Impact." record for APSA, issues also include Association News, governance 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." It is simply not plausible for the white voters here to argue that the white majoritys influence over the political process has been canceled out. The courts also noted that based on the Voting Rights Act, race can be taken into account when redistricting plans are made, but it cannot be the sole factor when drawing a new district because that would violate the fourteenth amendment. 71 0 obj 0000006041 00000 n In whatever district, the individual voter has a right to vote in each election, and the election will result in the voter's representation. 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. If any state wanted to change any voting rules, they had to receive pre-clearance to ensure no new rule was racist. They reinforce the belief, held by too many for too much of our history, that individuals should be judged by the color of their skin -Shaw, 509 U.S. at 657[23], The dissenting opinion by Justice White held that Shaw failed to present cognizable harm or that for Shaw to bring this case there had to have been harm done to them one way or another and that this failed to be presented in court. endstream [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. The VRA required an increase in the representation of minority groups. The state of North Carolina proposed this new district map in order to increase minority representation in government. Congress had amended the VRA in 1982 to target "vote dilution" in which members of a specific racial minority were spread thin across a district to decrease their ability to ever gain a voting majority. Its coverage has The only justification I can imagine would be the preservation of "sound districting principles," such as compactness and contiguity. Upon seeking approval, the U.S. Attorney General objected to the fact that North Carolina had only one majority-black district. endobj 0000004467 00000 n 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. These required cases tend to appear throughout the AP exam multiple choice. XIV, 1 provides that no state shall deny to any person within its jurisdiction the equal protection of the laws. 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. ?qwtl@Tdn@ [ Tw3Hd-@13Yp ]|3%l/Oonr?":)Qz8(qH OH`So@b%?9p)3~6$Z It is against this background that we confront the questions presented here. v. Reno, Attorney General, et al", "Shaw v. Reno [Shaw I] | Case Brief for Law Students", "Court Accepts a Crucial Redistricting Case", "From Shaw v. Reno to Miller v. Johnson: Minority Representation and State Compliance with the Voting Rights Act", "Shaw v. Reno and the Future of Voting Rights", "The History Of Redistricting In Georgia", Lucas v. Forty-Fourth Gen. It is true, of course, that one's vote may be more or less effective depending on the interests of the other individuals who are in one's district, and our cases recognize the reality that members of the same race often have shared interests. To log in and use all the features of Khan Academy, please enable JavaScript in your browser. 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. These cases will help you further enhance your knowledge of the AP Government curriculum. The decision of the United States District Court for the Eastern District of North Carolina is reversed and remanded.
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