Redistricters have to justify themselves. 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. Then locate the subject of the verb and underline it once. 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. In the example the verb is answered. Croson, supra, at 493 (plurality opinion); UJO, supra, at 173 (Brennan, J., concurring in part) ("[E]ven in the pursuit of remedial objectives, an explicit policy of assignment by race may serve to stimulate our society's latent race consciousness, suggesting the utility and propriety of basing decisions on a factor that ideally bears no relationship to an individual's worth or needs"). It is shortsighted as well, for a regularly shaped district can just as effectively effectuate racially discriminatory gerrymandering as an odd-shaped one.9 By focusing on looks rather than impact, the majority "immediately casts attention in the wrong direction-toward superficialities of shape and size, rather than toward the political realities of district composition." Croson, 488 U. S., at 494 (plurality opinion); see also id., at 520 (SCALIA, J., concurring in judgment). More generally, we remarked: "The mere fact that one interest group or another concerned with the outcome of [the district's] elections has found itself outvoted and without legislative seats of its. This Court's subsequent reliance on Gomillion in other Fourteenth Amendment cases suggests the correctness of Justice Whittaker's view. Nonetheless, in those cases where this cause of action is sufficiently pleaded, the State will have to justify its decision to consider race as being required by a compelling state interest, and its use of race as narrowly tailored to that interest. Media. Id., at 342-348. Finally, the highly fractured decision in UJO does not foreclose the claim recognized here, which is analytically distinct from the vote-dilution claim made there. SHAW ET AL. H. Lefler & A. Newsom, The History of a Southern State: North Carolina 18-22 (3d ed. At least. The Court characterizes the decision as "highly fractured," ante, at 651, but that should not detract attention from the rejection by a majority in UJO of the claim that the State's intentional creation of majority-minority districts transgressed constitutional norms. Supp., at 467. It did not do so. Cf. Why did four justices in this case dissent from majority opinion? These arguments were not developed below, and the issues remain open for consideration on remand. Constitution prohibits using race as the basis for how to draw districts, 1. They also point out that in 1990 a black candidate defeated a white opponent in the Democratic Party runoff for a United States Senate seat before being defeated narrowly by the Republican incumbent in the general election. Shaw v. Reno Jennifer Denise Rogers . 2 See Karcher, 462 U. S., at 748 (STEVENS, J., concurring) ("If they serve no purpose other than to favor one segment-whether racial, ethnic, religious, economic, or political-that may occupy a position of strength at a particular point in time, or to disadvantage a politically weak segment of, 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. Complaint' 29, App. In the Attorney General's view, the General Assembly could have created a second majorityminority district "to give effect to black and Native American voting strength in this area" by using boundary lines "no more irregular than [those] found elsewhere in the proposed plan," but failed to do so for "pretextual reasons." upon an extraordinary justification. Journalize the entry to record and establish the allowance using the percentage method for January credit sales. See post, at 678 (dissenting opinion). It also sends to elected representatives the message that their primary obligation is to represent only that group's members, rather than their constituency as a whole. Argued April 20, 1993-Decided June 28,1993. Our voting rights precedents support that conclusion. [W]e believe that reapportionment is one area in which appearances do matter. . In other words, the statute was invalid because, on its face, it could not be explained on grounds other than race. Justice Whittaker, however, concluded that the "unlawful segregation of races of citizens" into different voting districts was cognizable under the Equal Protection Clause. Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. Instead, the Court creates a new "analytically distinct," ibid., cause of action, the principal element of which is that a districting plan be "so bizarre on its face," ante, at 644, or "irrational on its face," ante, at 652, or "extremely irregular on its face," ante, at 642, that it "rationally cannot be understood as anything other than an effort to segregate citizens into separate voting districts on the basis of race without sufficient justification," ante, at 652. Syllabus. In the absence of an allegation of such harm, I would affirm the judgment of the District Court. The Court found that race could not be the deciding factor when drawing districts. See, e. g., Wygant v. Jackson Bd. 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. The Court applied the same reasoning to the "uncouth twenty-eight-sided" municipal boundary line at issue in Gomillion. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA, No. The Court expressly declined to reach that question. *Briefs of amici curiae urging reversal were filed for the American Jewish Congress by Marc D. Stern and Lois C. Waldman; for the Republican National Committee by Benjamin L. Ginsberg and Michael A. Hess; and for the Washington Legal Foundation et al. The Court held that members of a racial minority group claiming 2 vote dilution through the use of multimember districts must prove three threshold conditions: that the minority group "is sufficiently large and geographically compact to constitute a majority in a single-member district," that the minority group is "politically cohesive," and that "the white majority votes sufficiently as a bloc to enable it usually to defeat the minority's preferred candidate." For the reasons that follow, we conclude that appellants have stated a claim upon which relief can be granted under the Equal Protection Clause. 506 U. S. 1019 (1992). In determining whether a use of race is permissible in cases in which there is a bizarrely shaped district, we can readily look to its effects, just as we would in evaluating any other electoral districting scheme. In Beer, we held that a reapportionment plan that created one majorityminority district where none existed before passed muster under 5 because it improved the position of racial minorities. The State's revised plan contained a second majority-black district in the north-central region. Although the State argues that it had a strong basis for concluding that remedial action was warranted, only three Justices in UJO were prepared to say that States have a significant interest in minimizing the consequences of racial bloc voting apart from the Act's requirements and without regard for sound districting principles. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. Given two districts drawn on similar, race-based grounds, the one does not become more injurious than the other simply by virtue of being snakelike, at least so far as the Constitution is concerned and absent any evidence of differential racial impact. Supp., at 468-469. 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. The Attorney General's interposition of a 5 objection "properly is viewed" as "an administrative finding of discrimination" against a racial minority. They also contend that recent black electoral successes demonstrate the willingness of white voters in North Carolina to vote for black candidates. Here, the Attorney General objected to the State's plan on the ground that it failed to draw a second majority-minority district for what appeared to be pretextual reasons. 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. In Shaw v. Reno (1993), the U.S. Supreme Court questioned the use of racial gerrymandering in North Carolina's reapportionment plan. 4 The Court's opinion suggests that African-Americans may now be the only group to which it is unconstitutional to offer specific benefits from redistricting. Part of the explanation for the majority's approach has to do, perhaps, with the emotions stirred by words such as "segregation" and "political apartheid." See also Wygant v. Jackson Bd. The fact that it now chooses to apply strict scrutiny when a law is meant to benefit a race that has been the subject of historical discrimination makes no sense. They have made no showing that the redistricting scheme was employed as part of a 'contrivance to segregate'; to minimize or cancel out the voting strength of a minority class or interest; or otherwise to impair or burden the opportunity of affected persons to participate in the political process." v. Bakke, 438 U. S. 265, 304-305 (1978) (Powell, J.) The Justice Department under the George H.W. What is the NPV of the new plant? wide, the majority concluded that appellants had failed to state an equal protection claim. (b) Classifications of citizens based solely on race are by their nature odious to a free people whose institutions are founded upon the doctrine of equality, because they threaten to stigmatize persons by reason of their membership in a racial group and to incite racial hostility. Gaffney v. Cummings, 412. See ante, at 666-667, and n. 6 (dissenting opinion). The Constitution does not call for equal sized districts . The jurisdiction must obtain either a judgment from the United States District Court for the District of Columbia declaring that the proposed change "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color" or administrative preclearance from the Attorney General. 392 (WDNC), and this Court summarily affirmed, 506 U. S. 801 (1992). In 1993, about 20% of the state population identified as Black. Richmond v. J. It is unnecessary for us to decide whether or how a reapportionment plan that, on its face, can be explained in nonracial terms successfully could be challenged. Shaw's group claimed that drawing districts based on race violated the equal protection clause of the Fourteenth Amendment. Our voting rights precedents support that conclusion. Ruth O. Shaw (appellee) was a white Democratic resident of the 12th district in North Carolina. Accordingly, we have asked that an identifiable group demonstrate more than mere lack of success at the polls to make out a successful gerrymandering claim. Alabama's exercise in geometry was but one example of the racial discrimination in voting that persisted in parts of this country nearly a century after ratification of the Fifteenth Amendment. Revised plan contained a second majority-black DISTRICT in the absence of an allegation of such,! State: North Carolina 18-22 ( 3d ed Justice Whittaker 's view ), and the issues remain open consideration! For equal sized districts, on its face, it could not be deciding! ; s group claimed that drawing districts based on race violated the equal protection claim words, History... Call for equal sized districts race violated the equal protection clause of the Fourteenth Amendment to. Found that race could not be the deciding factor when drawing districts not call for equal sized.. 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