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. 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. LEAGUE OF UNITED LATIN AMERICAN CITIZENS v.PERRY Reno. O'Gorman & Young, Inc. v. Hartford Fire Insurance Co. Dobbs v. Jackson Women's Health Organization, Planned Parenthood of Central Missouri v. Danforth, City of Akron v. Akron Center for Reproductive Health, Thornburgh v. American College of Obstetricians & Gynecologists, Ohio v. Akron Center for Reproductive Health, Ayotte v. Planned Parenthood of Northern New England. 52 U.S.C. The Justice Department under the George H.W. However, five White residents of North Carolina, opposed against the redrawing because of the oddly shaped district in which they also stated it violated their Equal Protection Rights. [2] These redistricting measures were found to be unconstitutional and in the decision of this case, Justice Sandra Day O'Connor referred back to her opinion from Shaw v. Though traditional party conventions were ________, contemporary party conventions are ________. Did North Carolina violate the Equal Protection Clause of the 14th Amendment when it established a second majority-minority district through racial gerrymandering, in response to a request from the attorney general? The shapes of the two districts in question were quite controversial. The Democratic National Committee maintained that the minority districts were constitutional, while the Republican National Committee argued that they were not. The Attorney General did not object to the revised plan. 0000007872 00000 n 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|` 0000035151 00000 n 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 Shaw v. Reno (1993) (article) | Khan Academy Did the questioned reapportionment (with the snakelike 12th district) provide an advantage to the minority groups or to the white voters? San Antonio Indep. In its 1993 decision, the Supreme Court agreed, ruling that race cannot be the predominant factor in creating districts. 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. The 160-mile corridor cut through five counties, splitting some counties into three voting districts. 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. Decided in 1962, the ruling established the standard of "one person, one vote" and opened the door for the Court to rule on districting cases. Shaw v. Reno: Supreme Court Case, Arguments, Impact - ThoughtCo Shaw v. Reno: Significance, Impact & Decision | StudySmarter 2023 Fiveable Inc. All rights reserved. E[*]/axzn2c}X~:FNokA7 hg= Nd <>stream Shaw v. Reno (1993) United States v. Lopez (1995) McDonald v. Chicago (2010) Citizens United v. Federal Election Commission (2010) Why These Cases? 0000005358 00000 n endobj [30], There have been controversies and misinterpretations associated with Shaw v. Reno. <>stream h0dp0d-?+X.ItHg'6Hx50W;{nJc2u$fPvc]r+T+r;O9K_,^|[ Y Q|,86r[aHb94WS%jw;D1};hs,aTd%Q iP+-h#MC,( - <>/Border[0 0 0]/Rect[243.264 230.364 403.92 242.376]/Subtype/Link/Type/Annot>> There are many discrepancies that each judge must take into account when using Shaw v. Reno as a precedent. 0000003285 00000 n 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. 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. The Voting Rights Act After Shaw v. Reno - JSTOR This district would be North Carolina's second "majority-minority" district of majority Black voters. 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. See 509 U.S. 630, 639-52 (1993) [hereinafter Shaw I ]. Under Shaw v. Reno, redistricting can be held to the same legal standard as laws that explicitly classify by race. 0000003559 00000 n Therefore, the states redesigned districts deserve the same level of scrutiny under the Fourteenth Amendment as a law that has explicit racial motivations. This was a previous problem that discriminated against the minority voters however, the White residents thought it was hindering their voices racially. 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. <>/Border[0 0 0]/Rect[145.74 211.794 214.836 223.806]/Subtype/Link/Type/Annot>> For these reasons, we conclude that a plaintiff challenging a reapportionment statute under the Equal Protection Clause may state a claim by alleging that the legislation, though race-neutral on its face, rationally cannot be understood as anything other than an effort to separate voters into different districts on the basis of race, and that the separation lacks sufficient justification. Would fixing gerrymandering by using the shortest-split line method be a good idea. 72 0 obj <>/Border[0 0 0]/Rect[81.0 97.3415 156.704 105.3495]/Subtype/Link/Type/Annot>> When a district obviously is created solely to effectuate the perceived common interests of one racial group, elected officials are more likely to believe that their primary obligation is to represent only the members of that group, rather than their constituency as a whole. According to the College Board, these cases are essential to college courses in introductory history and politics. Until today, the Court has analyzed equal protection claims involving race in electoral districting differently from equal protection claims involving other forms of governmental conduct, and before turning to the different regimes of analysis it will be useful to set out the relevant respects in which such districting differs from the characteristic circumstances in which a State might otherwise consciously consider race. The only justification I can imagine would be the preservation of "sound districting principles," such as compactness and contiguity. In a 5-4 decision, the Court ruled in favor of Shaw, the five white voters in North Carolina. 83 0 obj 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. 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]. 0000004467 00000 n 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. Many of these cases are controversial or were decided 5-4. Specifically, it signals a pulling away from using the Equal Protection Clause to benefit black Americans, and rather provides some fodder for those who want to claim that laws benefiting black Americans in particular constitute reverse discrimination. What is intellectually odd about Shaw is the fact that it applies strict scrutiny to laws that benefit black Americans, but allows a lower form of scrutiny to laws that benefit other minorities. The Equal Protection Clause is only violated when a law seeks to hurt a minority group in voting. endobj Assembly of Colorado, Board of Estimate of City of New York v. Morris, Harris v. Arizona Independent Redistricting Commission, Mississippi Republican Executive Committee v. Brooks, Houston Lawyers' Association v. Attorney General of Texas, Bethune-Hill v. Virginia State Bd. They alleged that the general assembly had used racial gerrymandering. Dissents from Justices Blackmun and Stevens echoed Justice White. HtSj@}edD J%VPJ" TQP*`?"7wX.@mg +yxRzVF!Pd(q>&90PA49n>&xj@!ii]P7iNFIk.%KDWpYD 8cmqJ%W2jiNUT*D[Gle/#Y0q~ Congress, too, responded to the problem of vote dilution. 0000007232 00000 n <> <>stream Shaw v. Reno - 509 U.S. 630, 113 S. Ct. 2816 (1993) Rule: The Equal Protection Clause, U.S. Const. 74 0 obj [11] However, racial gerrymandering continued past 1965 because it is extremely difficult to prove if districts were drawn on the basis of racial discrimination. The Justice Department accepted this revision. 4H-?JXeHxG% . 68 0 obj 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. 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." 0000039011 00000 n The message that such districting sends to elected representatives is equally pernicious. 0000035323 00000 n the political question and the role of the SCOTUS) gerrymandering (though this is secondary) "one man, one vote" Shaw v. Reno (1993) Used equal protection clause in the 14th amendment to "One Person, One Vote" Cases 1. Ruth Shaw and four other white North Carolina voters filed suit against the U.S. attorney general and various North Carolina officials, claiming that race-based redistricting violated, among other provisions, the Fourteenth Amendment's Equal Protection Clause. 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 . In Shaw v. Reno (1993), the U.S. Supreme Court questioned the use of racial gerrymandering in North Carolina's reapportionment plan. endstream endobj 73 0 obj Racial classifications of any sort pose the risk of lasting harm to our society. 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. ", "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. However, five white North Carolina voters filed a lawsuit against federal and state officials. The duty to govern impartially is abused when a group with power over the electoral process defines electoral boundaries solely to enhance its own political strength at the expense of any weaker group. 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. 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." 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. 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. He also stated that drawing districts on the basis of race could prove to be beneficial for minority communities. 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. 71 0 obj Redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause while bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the Voting Rights Act. 67 0 obj The US Department of Justice, led by Attorney General Janet Reno , rejected North Carolina's district plan, instructing the state assembly to add another majority-minority district in . This amendment ensured the voting rights of African Americans. brings together political scientists from all fields of inquiry, regions, and If you're seeing this message, it means we're having trouble loading external resources on our website. [9] Some of these methods included poll taxes, which many could not afford, literacy tests, that many could not pass, and grandfather clauses, which stated that one can only vote if their grandfather voted. 0000030557 00000 n 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. According to the residents' complaint, racial gerrymandering prevented voters from participating in a color-blind voting process. [10] This changed with the passing of the Voting Rights Act of 1965, which outlawed these racially discriminatory practices and required government supervision for states that had less than 50 percent of non-White citizens registered to vote. <<98D4E2AA91A4B2110A009004BAD0FF7F>]/Prev 216420>> 0000000016 00000 n Shaw v. Reno | Case Brief for Law School | LexisNexis Spitzer, Elianna. [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. As a result, it is possible for courts to interpret Shaw differently. 0000031101 00000 n The right asserted is within the reach of judicial protection under the Fourteenth Amendment." [21], In a 5-4 decision the courts ruled in favor of Shaw (the petitioner), finding that it was, in fact, unlawful to gerrymander on the basis of race. <> PDF AP U.S. Government: Required Foundational Documents - WordPress.com If there were more black voters (minority) in one district, they would vote for a black representative (which was what the map-drawers wanted). [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. The Court has, in its prior decisions, allowed redistricting to benefit an unrepresented minority group. 0000039375 00000 n Direct link to Declan Wilcoxon's post if someone is in a distri, Posted 2 days ago. observations and information about the discipline. The White North Carolina voters could not show that they were disenfranchised as a result of the second, oddly shaped majority-minority district, Justice White wrote. 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." "People, not trees or pastures, vote."' That rationale was the basis of the U.S. Supreme Court's 1964 decision in Reynolds v. Sims2 which estab-lished the landmark "one person, one vote" principle. evolved since its introduction in 1968 to include critical analyses of !\@2d%$%4^$VNVmp8mbe_b;.h:\g}hmbdBLT%p71_mra` endobj 79 0 obj 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. Afterword: Shaw v. Reno Contractors of America v. Jacksonville, Parents Involved in Community Schools v. Seattle School District No. 0000038829 00000 n For much of our Nation's history, that right sadly has been denied to many because of race. 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). Interactions among branches of government: unit overview - Khan Academy 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. The constitutional provision central to the landmark case of Shaw v. Reno is the 14th Amendment's equal protection clause. "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. Now the claim was whether making a district based on race was racially adequate and fair for everyone. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. Therefore, such redistricting was held unconstitutional since it found intention to segregate voters by race and this segregation cannot be justified under a standard of strict scrutiny. 0000030385 00000 n As the journal of Racial Vote Dilution and Racial Gerrymandering | Constitution Annotated Nine Redistricting Cases That Shaped History - Democracy Docket 0000008475 00000 n 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. hb```e``"@9~`h-a`9`[5Uk~b>Ls("l In districting, by contrast, the mere placement of an individual in one district instead of another denies no one a right or benefit provided to others. alter the basic ground rules of 'one person, one vote'." This alleged . Shaw sued on the basis that the plan violated several constitutional principles, including the 14th Amendment Equal Protection Clause, which guarantees equal protection under law for all citizens, regardless of race. Shaw v. Reno places a lot of importance on the actual lines drawn, rather than who they contain. Residents argued that the state had gone too far when redrawing district lines to create a second majority-minority district.
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