<>stream endstream Shaw v. Reno (1993) United States v. Lopez (1995) McDonald v. Chicago (2010) Citizens United v. Federal Election Commission (2010) Why These Cases? endobj 0000005694 00000 n For terms and use, please refer to our Terms and Conditions Following is the case brief for Shaw v. Reno, 509 U.S. 630 (1993) Case Summary of Shaw v. Reno: The State of North Carolina, in response to the U.S. Attorney General's objection that it had only one majority-black congressional district, created a second majority-black district. endstream Racial classifications of any sort pose the risk of lasting harm to our society. Language links are at the top of the page across from the title. 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. HSm0@7p(pF 2B Vf$S'16}x;IDI+_UH1K=,a*}# !N5tt o(VbnPNPo>_tl`!| -E(:CQ TiNlGhWIz64^c{*25Ys,o%6Ai95m=[hv/Ak fasl|` The Court has abandoned settled law to decide this case. 0000001076 00000 n 68 0 obj To help with your productivity, especially during the last few days before the exam, you should use a, New York Times Co v. United States (1971), Cases Involving the Equal Protection Clause, Cases Involving Districting & Representation. OH@5-w1-$fdY1s2J'00_8fb6XzzJ9GMRAb' 8rXzO qGu){yHj"b4|M,J:d!&0,!Y9}q_@,*,a6J^R\HU![:2. Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. Justice O'Connor applied strict scrutiny which asks the court to determine whether a race-based classification is narrowly tailored, has a compelling government interest and offers the "least restrictive" means of achieving that governmental interest. Gerrymandering | Definition, Litigation, & Facts | Britannica Racial classifications with respect to voting carry particular dangers. Direct link to Declan Wilcoxon's post if someone is in a distri, Posted 2 days ago. As long as members of racial groups have the commonality of interest implicit in our ability to talk about concepts like <"minority voting strength," and "dilution of minority votes," cf.Thornburg v. Gingles(1986), and as long as racial bloc voting takes place, legislators will have to take race into account in order to avoid dilution of minority voting strength in the districting plans they adopt. Upon seeking approval, the U.S. Attorney General objected to the fact that North Carolina had only one majority-black district. 81 0 obj The Supreme Court continues to hear cases about gerrymandering and racially motivated districts. <>/Border[0 0 0]/Rect[510.324 617.094 549.0 629.106]/Subtype/Link/Type/Annot>> 83 0 obj 4H-?JXeHxG% . The shapes of the two districts in question were quite controversial. The case of Shaw v. Reno is significant because it created limitations on racial gerrymandering. Accordingly, they held that plaintiffs were not entitled to relief under the Constitution's Equal Protection Clause. It included all or portions of twenty-eight counties. The district in question in this case is long and snaking, following along a highway. 84 0 obj . 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. It is essential that you analyze these cases in depth so you are prepared for the AP Exam! PS: Political Science and Politics Many of these cases are controversial or were decided 5-4. 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. endobj Following is the case brief for Shaw v. Reno, 509 U.S. 630 (1993). 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. It reinforces the perception that members of the same racial group--regardless of their age, education, economic status, or the community in which the live--think alike, share the same political interests, and will prefer the same candidates at the polls. Additionally, it was noted that allowing the 12th district to be drawn in that manner would be setting a dangerous precedent in our democratic system in which we are attempting to reach equality. 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. To log in and use all the features of Khan Academy, please enable JavaScript in your browser. [25] Shaw also does not add or address the criteria needed for creating districts. US Supreme Court Opinions and Cases | FindLaw publications and programs, please see the APSA website. <>stream endobj A federal court upheld the plan as not violating the "one person one vote" principle nor violating the Equal Protection Clause. 1995 American Political Science Association 0000022159 00000 n The only justification I can imagine would be the preservation of "sound districting principles," such as compactness and contiguity. The principle of equality is at war with the notion that District A must be represented by a Negro, as it is with the notion that District B must be represented by a Caucasian, District C by a Jew, District D by a Catholic, and so on. That system, by whatever name it is called, is a divisive force in a community, emphasizing differences between candidates and voters that are irrelevant in the constitutional sense. "When racial or religious lines are drawn by the State, the multiracial, multireligious communities that our Constitution seeks to weld together as one become separatist; antagonisms that relate to race or to religion rather than to political issues are generated; communities seek not the best representative but the best racial or religious partisan. A reapportionment plan that includes in one district individuals who belong to the same race, but who are otherwise widely separated by geographical and political boundaries, and who may have little in common with one another but the color of their skin, bears an uncomfortable resemblance to political apartheid. Drawing Democracy: North Carolina's Gerrymandering History https://www.thoughtco.com/shaw-v-reno-4768502 (accessed May 1, 2023). Shaw's group claimed that drawing districts based on race violated the equal protection clause of the Fourteenth Amendment. occupational endeavors. 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. Shaw v. Reno places a lot of importance on the actual lines drawn, rather than who they contain. <>/Border[0 0 0]/Rect[123.813 154.941 292.338 163.95]/Subtype/Link/Type/Annot>> Accordingly, the State devised a redistricting plan that created one majority-black district. 82 0 obj observations and information about the discipline. However, five white North Carolina voters filed a lawsuit against federal and state officials. An understanding of the nature of appellants' claim is critical to our resolution of the case. At the time, North Carolinas voting-age population was 78% White, 20% Black, 1% Indigenous, and 1% Asian. Reno. Shaw v. Reno | Case Brief for Law School | LexisNexis 78 0 obj 80 0 obj Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. ?#)i=`E+.J /Jiaza[-!Qi+&[;u,?Ua| \KP9,AR `` Congress, too, responded to the problem of vote dilution. The North Carolina General Assembly submitted the plan to the U.S. Attorney General for preclearance under the Voting Rights Act, but it was rejected by the US Department of Justice which was led by Attorney General Janet Reno. Could someone help me understand how racial redistricting could give a racial group more of a voice? In Bush v. Vera, the state of Texas planned to add additional congressional districts after the 1990 census. 67 0 obj Reynolds v. Sims: Supreme Court Case, Arguments, Impact - ThoughtCo By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. v. Rodriguez, Brown v. Entertainment Merchants Association, Planned Parenthood of Southeastern Pennsylvania v. Casey. of Elections, 393 U. S. 544, 569 (1969) (emphasis added). The message that such districting sends to elected representatives is equally pernicious. SHAW v. RENO(1993) No. 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. [13], Janet Reno (appellant) was the 78th Attorney General, appointed by President Clinton.[14]. The Court found that race could not be the deciding factor when drawing districts. Drawing on the "one person, one vote" principle, this Court recognized that "[t]he right to vote can be affected by adilutionof voting power as well as by an absolute prohibition on casting a ballot." 0000008244 00000 n He argued that drawing districts based on race in order to increase minority representation could serve an important government interest. 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. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. Shaw v. Reno (1993) The principle of "one person, one vote" was established by the Supreme Court in the 1960s. Shaw v. Reno | Online Resources - SAGE Publications Inc [5] With new technology and tactics of packing and cracking, gerrymandering has become easier through the years but within gerrymandering, limitations exist. 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. Elianna Spitzer is a legal studies writer and a former Schuster Institute for Investigative Journalism research assistant. Justice Sandra Day OConnor delivered the 5-4 decision. 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. Allen v. State Board of Elections(1969) (emphasis added). Madison (1803)-Shaw v. Reno (1993) A Gave check and balance power to the Supreme Court-Ruled that North Carolina violated the due process clause of the Fourteenth Amendment B Declared that states did not have the power to tax the federal government-Prohibited oddly-shaped majority-minority districts endstream <>stream [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. <>stream One need look no further than the Voting Rights Act to understand that this may be required, and we have held that race may constitutionally be taken into account in order to comply with that Act. A second distinction between districting and most other governmental decisions in which race has figured is that those other decisions using racial criteria characteristically occur in circumstances in which the use of race to the advantage of one person is necessarily at the obvious expense of a member of a different race.
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