[30], There have been controversies and misinterpretations associated with Shaw v. Reno. The United Jewish Organizations of Williamsburg claimed that the plan violated their constitutional rights because the districts had been assigned solely on a racial basis. 0000001934 00000 n [26] Using the Shaw v. Reno decision, the justices decided that using racial reasons for redistricting is unconstitutional. 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. 0 (2020, December 4). To contextualize the Shaw supreme court case, gerrymandering is the redrawing of electoral districts to help give a political advantage. [4] The census marks when states can redraw their congressional district lines and in accordance with the Voting Rights Act of 1965, districts must be redrawn equally populated. Our focus is on appellants' claim that the State engaged in unconstitutional racial gerrymandering. T 4V,q+P#8}0dA)^U>UL]UDy%v5q>qcec"fzhzsd={^p~q 60I G$5?oIy3es/*@.f@_M8_E !tX@Q6IJO@(J(N/W$vw'w,6( DF 67 0 obj Its coverage has 0000030385 00000 n Shaw v. Reno places a lot of importance on the actual lines drawn, rather than who they contain. Plaintiffs in this case challenge the plan as an unconstitutional partisan gerrymander. Shaw v. Reno is an important decision because it represents a conservative shift on the Court. In the absence of an allegation of such harm, I would affirm the judgment of the District Court. 78 0 obj Congress, too, responded to the problem of vote dilution. endobj Since Georgia's General Assembly used race for its own sake and not other districting principles, their actions were rendered unconstitutional. 0000006041 00000 n On the same reasoning, I would affirm the District Court's dismissal of appellants' claim in this instance. 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. Justice O'Connor, on behalf of the majority, found that redistricting plans could take race into account in order to comply with the Voting Rights Act of 1965, but race could not be the sole or predominant factor when drawing a district. [2], 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. - Shaw, 509 U.S. at 678[23], While Shaw intended to construct limitations on using race to gerrymander districts, it fell short to live up to those expectations. Residents argued that the state had gone too far when redrawing district lines to create a second majority-minority district. Racial classifications with respect to voting carry particular dangers. Reapportionment & Redistricting - Northeastern University Youll be able to see how the content you learn about in class applies to real situations. District 12, shown here in pink, was an oddly-shaped district that followed a highway. b#HE[aF34k Bush administration rejected this plan on the grounds that it gave blacks insufficient congressional representation. 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.
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