Georgia v. Ashcroft, Attorney General

539 U.S. 461, 123 S. Ct. 2498, 156 L. Ed. 2d 428, 16 Fla. L. Weekly Fed. S 448, 2003 Cal. Daily Op. Serv. 5549, 2003 Daily Journal DAR 7001, 71 U.S.L.W. 4545, 2003 U.S. LEXIS 5012
Supreme Court of the United States·Decided June 26, 2003·No. 02-182·Published·Cited by 133 cases

Opinions

Justice O’Connor

delivered the opinion of the Court.

In this case, we decide whether Georgia’s State Senate redistricting plan should have been precleared under § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as renumbered and amended, 42 U. S. C. § 1973c. Section 5 requires that before a covered jurisdiction’s new voting “standard, prac[466]*466tice, or procedure” goes into effect, it must be precleared by either the Attorney General of the United States or a federal court to ensure that the 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.” 42 U. S. C. § 1973c. Whether a voting procedure change should be precleared depends on whether the change “would lead to a retrogression in the position of racial minorities with respect to their effective exercise of the electoral franchise.” Beer v. United States, 425 U. S. 130, 141 (1976). We therefore must decide whether Georgia’s State Senate redistricting plan is retrogressive as compared to its previous, benchmark districting plan.

I

A

Over the past decade, the propriety of Georgia’s state and congressional districts has been the subject of repeated litigation. In 1991, the Georgia General Assembly began the process of redistricting after the 1990 census. Because Georgia is a covered jurisdiction under §5 of the Voting Rights Act, see Miller v. Johnson, 515 U. S. 900, 905 (1995), Georgia submitted its revised State Senate plan to the United States Department of Justice for preclearance. The plan as enacted into law increased the number of majority-minority districts from the previous Senate plan. The Department of Justice nevertheless refused preclearance because of Georgia’s failure to maximize the number of majority-minority districts. See Johnson v. Miller, 929 F. Supp. 1529, 1537, and n. 23 (SD Ga. 1996). After Georgia made changes to the Senate plan in an attempt to satisfy the United States’ objections, the State again submitted it to the Department of Justice for preclearance. Again, the Department of Justice refused preclearance because the plan did not contain a sufficient number of majority-minority districts. See id., at 1537, 1539. Finally, the United States precleared [467]*467Georgia’s third redistricting plan, approving it in the spring of 1992. See id., at 1537.

Georgia’s 1992 Senate plan was not challenged in court. See id., at 1533-1534. Its congressional districting plan, however, was challenged as unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. See Shaw v. Reno, 509 U. S. 630 (1993). In 1995, we held in Miller v. Johnson that Georgia’s congressional districting plan was unconstitutional because it engaged in “the very racial stereotyping the Fourteenth Amendment forbids” by making race the “predominant, overriding factor explaining” Georgia’s congressional districting decisions. 515 U. S., at 928, 920. And even though it was “safe to say that the congressional plan enacted in the end was required in order to obtain preclearance,” this justification did not permit Georgia to engage in racial gerrymandering. See id., at 921. Georgia’s State Senate districts served as “building blocks” to create the congressional districting plan found unconstitutional in Miller v. Johnson. Johnson v. Miller, 929 F. Supp., at 1533, n. 8 (internal quotation marks omitted); see also id., at 1536.

Georgia recognized that after Miller v. Johnson, its legislative districts were unconstitutional under the Equal Protection Clause. See 929 F. Supp., at 1533, 1540. Accordingly, Georgia attempted to cure the perceived constitutional problems with the 1992 State Senate districting plan by passing another plan in 1995. The Department of Justice refused to preclear the 1995 plan, maintaining that it retrogressed from the 1992 plan and that Miller v. Johnson concerned only Georgia’s congressional districts, not Georgia’s State Senate districts. See 929 F. Supp., at 1540-1541.

Private litigants subsequently brought an action challenging the constitutionality of the 1995 Senate plan. See id., at 1533. The three-judge panel of the District Court reviewing the 1995 Senate plan found that “[i]t is clear that a black maximization policy had become an integral part of the sec[468]*468tion 5 preclearance process ... when the Georgia redistricting plans were under review. The net effect of the DOJ’s preclearance objection^] . . . was to require the State of Georgia to increase the number of majority black districts in its redistricting plans, which were already ameliorative plans, beyond any reasonable concept of non-retrogression.” Id., at 1539-1540. The court noted that in Miller v. Johnson, we specifically disapproved of the Department of Justice’s policy that the maximization of black districts was a part of the § 5 retrogression analysis. See 929 F. Supp., at 1539. Indeed, in Miller, we found that the Department of Justice’s objections to Georgia’s redistrieting plans were “driven by its policy of maximizing majority-black districts.” 515 U. S., at 924. And “[i]n utilizing § 5 to require States to create majority-minority districts wherever possible, the Department of Justice expanded its authority under the statute beyond what Congress intended and we have upheld.” Id., at 925.

The District Court stated that the maximization of majority-minority districts in Georgia “artificially push[ed] the percentage of black voters within some majority black districts as high as possible.” 929 F. Supp., at 1536. The plan that eventually received the Department of Justice’s preclearance in 1992 “represented the General Assembly’s surrender to the black maximization policy of the DOJ.” Id., at 1540. The court then found that the 1995 plan was an unconstitutional racial gerrymander. See id., at 1543.

Under court direction, Georgia and the Department of Justice reached a mediated agreement on the constitutionality of the 1995 Senate plan. Georgia passed a new plan in 1997, and the Department of Justice quickly precleared it. The redrawn map resembled to a large degree the 1992 plan that eventually received preclearance from the Department of Justice, with some changes to accommodate the decision of this Court in Miller v. Johnson, and of the District Court in Johnson v. Miller.

[469]*469All parties here concede that the 1997 plan is the benchmark plan for this litigation because it was in effect at the time of the 2001 redistricting effort. The 1997 plan drew 56 districts, 11 of them with a total black population of over 50%, and 10 of them with a black voting age population of over 50%. See Record, Doc. No. 148, Pl. Exh. 1C (hereinafter Pl. Exh.). The 2000 census revealed that these numbers had increased so that 13 districts had a black population of at least 50%, with the black voting age population exceeding 50% in 12 of those districts. See 195 F. Supp. 2d 25, 39 (DC 2002).

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Georgia v. Ashcroft, Attorney General, 539 U.S. 461, 123 S. Ct. 2498, 156 L. Ed. 2d 428, 16 Fla. L. Weekly Fed. S 448, 2003 Cal. Daily Op. Serv. 5549, 2003 Daily Journal DAR 7001, 71 U.S.L.W. 4545, 2003 U.S. LEXIS 5012 (2003).

539 U.S. 461 (Georgia v. Ashcroft, Attorney General) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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