[25] The Shaw v. Reno decision led to different interpretations as questions were left unanswered. The US Department of Justice, led by Attorney General. SHAW v. RENO(1993) No. <>stream The State Assembly wanted this 12 th seat to be a majority . 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. Only two years after Shaw v. Reno, the same five Supreme Court justices explicitly stated that racial gerrymandering violated the 14th Amendment Equal Protection Clause in Miller v. Johnson. 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. Direct link to Declan Wilcoxon's post if someone is in a distri, Posted 2 days ago. endstream 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. It gave an advantage to the minority group. The majority found that North Carolinas twelfth district was so extremely irregular that its creation suggested some sort of racial bias. Interactions among branches of government: unit overview - Khan Academy Direct link to megamanwhiz's post On one hand, using the sh, Posted 3 years ago. PS: Political Science and Politics is the Association's quarterly journal endobj Constitutional Law for a Changing America Resource Center, 13. The law of redistricting had to comply with this act in order for the minority group to have impact in the U.S. government. Its central purpose is to prevent the States from purposefully discriminating between individuals on the basis of race. These cases will help you further enhance your knowledge of the AP Government curriculum. Shaw v. Reno, 509 U.S. 630 (1993), was a landmark United States Supreme Court case in the area of redistricting and racial gerrymandering. 0000003836 00000 n How does racial gerrymandering go against the 14th amendment's equal protection clause? 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. 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. 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. Shaw v. Reno (1993) United States v. Lopez (1995) McDonald v. Chicago (2010) Citizens United v. Federal Election Commission (2010) Why These Cases? record for APSA, issues also include Association News, governance 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. = kd41Ss!9Q A majority of the panel also dismissed the suit as to the state officials, holding that the race-based district plan did not violate the Constitution, it was not adopted to discriminate against white voters, and it was done in compliance with the Voting Rights Act. 0000004895 00000 n Freedom of Speech, Assembly, and Association. 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. We also do not decide whether appellants' complaint stated a claim under constitutional provisions other than the Fourteenth Amendment. [29] She noted that under the standard of "strict scrutiny", the districts were irregularly shaped and used race as a deciding factor. 69 0 obj At the time, North Carolinas voting-age population was 78% White, 20% Black, 1% Indigenous, and 1% Asian. We agree. He detailed that the 12th district was ultimately drawn to benefit a minority group hence making the strict scrutiny applied to feel unreasonable. 0000035151 00000 n Village of Arlington Heights v. Metropolitan Housing Development Corp. Regents of the University of California v. Bakke, Crawford v. Los Angeles Board of Education, Board of Education of Oklahoma City v. Dowell, Northeastern Fla. Chapter, Associated Gen. 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 a 5-4 decision, the Court ruled in favor of Shaw, the five white voters in North Carolina. 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? 0000035716 00000 n JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT. 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. Our voting rights precedents support that conclusion. [W]e believe that reapportionment is one area in which appearances do matter. Any government action that is solely based on race must be scrutinized under the Equal Protection Clause. <>/Border[0 0 0]/Rect[282.1898 646.0332 531.5161 665.9668]/Subtype/Link/Type/Annot>> 75 0 obj In Shaw v. Reno (1993), the U.S. Supreme Court questioned the use of racial gerrymandering in North Carolina's reapportionment plan. In the ensuing case, Gill v. 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. Fast Facts: Shaw v. Reno Case Argued: April 20, 1993 Decision Issued: June 28, 1993 [2] The redistricting plans of this case were overturned and the overall decision aligned with that of the Shaw case. h0dp0d-?+X.ItHg'6Hx50W;{nJc2u$fPvc]r+T+r;O9K_,^|[ Y The U.S. Supreme Court and the federal government should encourage states to find ways to comply with the act, even if compliance results in oddly shaped districts, the attorney argued. This district would be North Carolina's second "majority-minority" district of majority Black voters. LEAGUE OF UNITED LATIN AMERICAN CITIZENS v.PERRY Reapportionment & Redistricting - Northeastern University "Shaw v. Reno: Supreme Court Case, Arguments, Impact." endobj The Court found that race could not be the deciding factor when drawing districts. Review questions How does redistricting affect the behavior of members of Congress? [25] Shaw also does not add or address the criteria needed for creating districts. As a result, it is possible for courts to interpret Shaw differently. endstream Retrieved from https://www.thoughtco.com/shaw-v-reno-4768502. endstream 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. endobj https://www.thoughtco.com/shaw-v-reno-4768502 (accessed May 1, 2023). 0000002471 00000 n HAn1E9 1J3 rri3H M>UGw!A"mjfBWg@"Xj j5.%{KB`rW!y In 1982, the Voting Rights Act was amended to target the decrease in a specific minority's ability to ever gain a voting majority. Mullane v. Central Hanover Bank & Trust Co. Cleveland Board of Education v. Loudermill, Cruzan v. Director, Missouri Department of Health, Cumming v. Richmond County Board of Education, Sipuel v. Board of Regents of the University of Oklahoma, Davis v. County School Board of Prince Edward County, Griffin v. County School Board of Prince Edward County, Green v. County School Board of New Kent County, United States v. Montgomery County Board of Education, Alexander v. Holmes County Board of Education, Swann v. Charlotte-Mecklenburg Board of Education. Shaw v. Reno: Supreme Court Case, Arguments, Impact - ThoughtCo The journal provides coverage of the broad range of xref 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. 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. Additionally, he noted the voting interests of those who brought the case had not been violated. 0000006436 00000 n <>stream In Reynold v. Sims, the phrase people, not trees of pastures, vote can be applied to Shaw, as people, not highways, vote. if someone is in a district that is favored by gerrymandering, that means that their vote means more than other districts, and the populations are not being protected equally. The First District was somewhat hook-shaped, beginning in the northeastern part of the state and tapering down with fingerlike extensions almost to the South Carolina border. Allen v. State Board of Elections(1969) (emphasis added). <>stream [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. <>/Border[0 0 0]/Rect[243.264 230.364 403.92 242.376]/Subtype/Link/Type/Annot>> The Attorney General formally objected to the plan, arguing that a second majority-minority district could be created in the south-central to the southeastern region to empower Indigenous voters.
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