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. The Court recognizes that States, over the course of our nations history, have sadly used many tools to suppress, or outright deny, the right of minorities to vote. 0000005358 00000 n HSn0|W( subfields aimed at the informed, general reader. endstream The second majority-minority district served an important purpose in North Carolinas overall re-apportionment plan. He also stated that drawing districts on the basis of race could prove to be beneficial for minority communities. In the ensuing case, Gill v. Of particular relevance, five of the Justices reasoned that members of the white majority could not plausibly argue that their influence over the political process had been unfairly canceled (opinion of WHITE, J., joined by REHNQUIST and STEVENS, J.J.), or that such had been the State's intent (STEWART, J., POWELL, J., concurring in judgment). Upon seeking approval, the U.S. Attorney General objected to the fact that North Carolina had only one majority-black district. 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. Spitzer, Elianna. Direct link to Cameron Christensen's post I'm struggling with a phr, Posted 5 years ago. Afterword: Shaw v. Reno HtSj@}edD J%VPJ" TQP*`?"7wX.@mg +yxRzVF!Pd(q>&90PA49n>&xj@!ii]P7iNFIk.%KDWpYD 8cmqJ%W2jiNUT*D[Gle/#Y0q~ [18], Shaw along with other five North Carolina residents filed an action against the state, declaring that the state had created an unconstitutional racial gerrymandering violating the Fourteenth Amendment. publications and programs, please see the APSA website. 69 0 obj If it is permissible to draw boundaries to provide adequate representation for rural voters, for union members, for Hasidic Jews, for Polish Americans, or for Republicans, it necessarily follows that it is permissible to do the same thing for members of the very minority group whose history in the United States gave birth to the Equal Protection Clause. A contrary conclusion could only be described as perverse. We also do not decide whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. E[*]/axzn2c}X~:FNokA7 hg= Nd 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.
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