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. This is altogether antithetical to our system of representative democracy. 364 U. S., at 341. Freedom of Speech, Assembly, and Association. Accord, Loving v. Virginia, 388 U. S. 1, 11 (1967). Of course the Court has not held that the disadvantaging effect of these uses of race can never be justified by a sufficiently close relationship to a sufficiently strong state interest. Yet, under the State's plan, they still constitute a voting majority in 10 (or 83%) of the 12 congressional districts. of Cal. Cf. The difference between constitutional and unconstitutional gerrymanders has nothing to do with whether they are based on assumptions about the groups they affect, but whether their purpose is to enhance the power of the group in control of the districting process at the expense of any minority group, and thereby to strengthen the unequal distribution of electoral power. Rather than challenge this conclusion, North Carolina chose to draw the second district. Not so, apparently, when the districting "segregates" by drawing odd-shaped lines.7 In that case, we are told, such proof no longer is needed. It does so by glossing over the striking similarities, focusing on surface differences, most notably the (admittedly unusual) shape of the newly created districtand imagining an entirely new cause of action. these are all arguments for ( ) side. Nothing in the decision precludes white voters (or voters of any other race) from bringing the analytically distinct claim that a reapportionment plan 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. (emphasis added). Harry A. Blackmun Blackmun. But as JUSTICE WHITE points out, see ante, at 672 (dissenting opinion), and as the Court acknowledges, see ante, at 647, 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. For example, on remand North Carolina might claim that it adopted the revised plan in order to comply with the 5 "nonretrogression" principle. 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. Dissenting Opinion. In favor of Shaw. No.1, 458 U. S. 457, 485 (1982). Nothing in the decision precludes white voters (or voters of any other race) from bringing the analytically distinct claim that a reapportionment plan 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." Management has a target ratio of accounts payable to long-term debt of .15. I read these decisions quite differently. Because the State's purpose here was to comply with the Voting Rights Act, and because the General Assembly's plan did not lead to proportional underrepresentation of white voters state-. They alleged that the two districts concentrated a majority of black voters arbitrarily without regard to considerations such as compactness, contiguousness, geographical boundaries, or political subdivisions, in order to create congressional districts along racial lines and to assure the election of two black representatives. of Ed., 476 U. S. 267, 279-280 (1986) (plurality opinion of Powell, J.) Appellants are five residents of Dur-. In light of this background, it strains credulity to suggest that North Carolina's purpose in creating a second majorityminority district was to discriminate against members of the majority group by "impair[ing] or burden[ing their] opportunity to participate in the political process." Analogous Case. Media. upon an extraordinary justification. These arguments were not developed below, and the issues remain open for consideration on remand. The Court today answers this question in the affirmative, and its answer is wrong. 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. Cf. Pp. against anyone by denying equal access to the political process. The plaintiffs alleged that the plan was drawn with the intent to segregate voters on the basis of race, in violation of the Fourteenth and Fifteenth Amendments. to Brief for Federal Appellees lOa. There is thus no theoretical inconsistency in having two distinct approaches to equal protection analysis, one for. Since the holding here makes it unnecessary to decide whether or how a reapportionment plan that, on its face, can be explained in nonracial terms successfully could be challenged, the Court expresses no view on whether the intentional creation of majorityminority districts, without more, always gives rise to an equal protection claim. Evidence of the district's shape is therefore convincing, but it is also cumulative, and, for our purposes, irrelevant. 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, see id., at 165-168 (opinion of WHITE, J., joined by REHNQUIST and STEVENS, JJ. The only other case invoked by the majority is Wright v. Rockefeller, supra. Congress, too, responded to the problem of vote dilution. Gomillion thus supports appellants' contention that district lines obviously drawn for the purpose of separating voters by race require careful scrutiny under the Equal Protection Clause regardless of the motivations underlying their adoption. Consider that PC has a 35% tax rate. Since there is no justification for the departure here from the principles that continue to govern electoral districting cases generally in accordance with our prior decisions, I would not respond to the seeming egregiousness of the redistricting now before us by untethering the concept of racial gerrymander in such a case from the concept of harm exemplified by dilution. The Attorney General's interposition of a 5 objection "properly is viewed" as "an administrative finding of discrimination" against a racial minority. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. Section 2 also provides that a violation of that prohibition "is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election are not equally open to participation by members of a [protected] class in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice." The second majority-black district, District 12, is even more unusually shaped. 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. It reinforces the perception that members of the same racial group-regardless of their age, education, economic status, or the community in which they live-think alike, share the same political interests, and will prefer the same candidates at the polls. As we have said, "it requires no special genius to recognize the political consequences of drawing a district line along one street rather than another." the purchase to her American Express card. 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. As a majority of the Justices construed the complaint, the UJO plaintiffs made a different claim: that the New York plan impermissibly "diluted" their voting strength. ); id., at 175-179 (Brennan, J., concurring in part); id., at 180 (Stewart, J., concurring in judgment). After the 1990 census, the North Carolina General Assembly redrew its congressional districts to account for changes in population. 461 (EDNC 1992). Pp. 430 U. S., at 155 (plurality opinion) (emphasis added). We therefore consider what that level of scrutiny requires in the reapportionment context. In our view, the court used the wrong analysis. It deemed appellants' claim under the Fifteenth Amendment essentially subsumed within their related claim under the Equal Protection Clause. 430 U. S., at 165. Thus, for example, awarding government contracts on a racial basis excludes certain firms from competition on racial grounds. No. (equating various articulations of standards of review "more stringent" than "'reasonableness'" with "strict scrutiny"). We have indicated that similar preconditions apply in 2 challenges to single-member districts. When a newly created district cannot be explained by means other than race, it is subject to strict scrutiny. v. Bakke, 438 U. S. 265, 304-305 (1978) (Powell, J.) I believe that the Equal Protection Clause is violated when the State creates the kind of uncouth district boundaries seen inKarcher v. Daggett(1983),Gomillion v. Lightfoot)(1960), and this case, for the sole purpose of making it more difficult for members of a minority group to win an election. The Justice Department under the George H.W. See Mobile v. Bolden, 446 U. S., at 86-90, and nn. of Ed., 476 U. S. 267 (1986) (teacher layoffs), electoral districting calls for decisions that nearly always require some consideration of race for legitimate reasons where there is a racially mixed population. I dissent. Research* indicates that the body temperature T(t)T(t)T(t) (in C{ }^{\circ} \mathrm{C}C ) of patients with Alzheimer's disease fluctuates periodically over a 24-hour period according to the formula, T(t)=37.29+0.46cos[(t16.37)12]T(t)=37.29+0.46 \cos \left[\frac{\pi(t-16.37)}{12}\right] It is particularly ironic that the case in which today's majority chooses to abandon settled law and to recognize for the first time this "analytically distinct" constitutional claim, ante, at 652, is a challenge by white voters to the plan under which North Carolina has sent black representatives to Congress for the first time since Reconstruction. At least. Although I disagree with the holding that appellants' claim is cognizable, the Court's discussion of the level of scrutiny it requires warrants a few comments. Final Vote: 5-4. 430 U. S., at 165. After the General Assembly passed legislation creating the second district, a group of white voters in North Carolina, led by Ruth O. Shaw, sued on the grounds that the district was an unconstitutional gerrymander . Grofman, Would Vince Lombardi Have Been Right If He Had Said: "When It Comes to Redistricting, Race Isn't Everything, It's the Only Thing"?, 14 Cardozo L. Rev. Did North Carolina residents claim that the 1990 redistricting plan discriminated on the basis of race raise a valid constitutional issue under the 14th Amendment's Equal Protection Clause? The case established that any legislative redistricting must be strictly scrutinized and that any laws related to racially motivated redistricting must be held to narrow standards and , 279-280 ( 1986 ) ( emphasis added ) single-member districts on a racial basis excludes certain from... The political process thus no theoretical inconsistency in having two distinct approaches to equal protection Clause for on., and, for our purposes, irrelevant the reapportionment context, 279-280 1986. For consideration on remand accounts payable to long-term debt of.15 v. 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