Shaw v. Hunt

517 U.S. 899
Supreme Court of the United States·Decided June 13, 1996·No. No. 94-923·Published·Cited by 313 cases

Opinions

Chief Justice Rehnquist

delivered the opinion of the Court.

This suit is here for a second time. In Shaw v. Reno, 509 U. S. 630 (1993) (Shaw I), we held that plaintiffs whose complaint alleged that the deliberate segregation of voters into separate and bizarre-looking districts on the basis of race stated a claim for relief under the Equal Protection Clause of the Fourteenth Amendment. We remanded the case for further consideration by the District Court. That court held that the North Carolina redistricting plan did classify [902] voters by race, but that the classification survived strict scrutiny and therefore did not offend the Constitution. We now hold that the North Carolina plan does violate the Equal Protection Clause because the State’s reapportionment scheme is not narrowly tailored to serve a compelling state interest.

The facts are set out in detail in our prior opinion, and we shall only summarize them here. After the 1990 census, North Carolina’s congressional delegation increased from 11 to 12 members. The State General Assembly adopted a reapportionment plan, Chapter 601, that included one majority-black district, District 1, located in the northeastern region of the State. 1991 N. C. Sess. Laws, ch. 601. The legislature then submitted the plan to the Attorney General of the United States for preclearance under § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 42 U. S. C. § 1973c (1988 ed.). The Assistant Attorney General for Civil Rights, acting on the Attorney General’s behalf, objected to the proposed plan because it failed “to give effect to black and Native American voting strength” in “the south-central to southeastern part of the state” and opined that the State’s reasons for not creating a second majority-minority district appeared “to be pretextual.” App. 151— 153. Duly chastened, the legislature revised its districting scheme to include a second majority-black district. 1991 N. C. Extra Sess. Laws, ch. 7. The new plan, Chapter 7, located the minority district, District 12, in the north-central or Piedmont region, not in the south-central or southeastern region identified in the Justice Department’s objection letter. The Attorney General nonetheless precleared the revised plan.

By anyone’s measure, the boundary lines of Districts 1 and 12 are unconventional. A map portrays the districts’ deviance far better than words, see the Appendix to the opinion of the Court in Shaw I, supra, but our prior opinion describes them as follows:

[903] “The first of the two majority-black districts ... is somewhat hook shaped. Centered in the northeast portion of the State, it moves southward until it tapers to a narrow band; then, with finger-like extensions, it reaches far into the southern-most part of the State near the South Carolina border. ...
“The second majority-black district, District 12, is even more unusually shaped. It is approximately 160 miles long and, for much of its length, no wider than the [Interstate]-85 corridor. It winds in snakelike fashion through tobacco country, financial centers, and manufacturing areas ‘until it gobbles in enough enclaves of black neighborhoods.’” Shaw I, supra, at 635-636 (citation omitted).

Five North Carolinians commenced the present action in the United States District Court for the Eastern District of North Carolina against various state officials.1 Following our reversal of the District Court’s dismissal of their complaint in Shaw I, the District Court allowed a number of individuals to intervene, 11 on behalf of the plaintiffs and 22 for the defendants. After a 6-day trial, the District Court unanimously found “that the Plan’s lines were deliberately drawn to produce one or more districts of a certain racial composition.” 861 F. Supp. 408, 417,473-474 (1994). A majority of the court held that the plan was constitutional, nonetheless, because it was narrowly tailored to further the State’s compelling interests in complying with §§2 and 5 of the Voting Rights Act, 42 U. S. C. §§ 1973, 1973c. 861 F. Supp., at 474. The dissenting judge disagreed with that portion of the judgment. We noted probable jurisdiction. 515 U. S. 1172 (1995).

[904] As a preliminary matter, appellees challenge appellants’ standing to continue this lawsuit. In United States v. Hays, 515 U. S. 737 (1995), we recognized that a plaintiff who resides in a district which is the subject of a racial-gerrymander claim has standing to challenge the legislation which created that district, but that a plaintiff from outside that district lacks standing absent specific evidence that he personally has been subjected to a racial classification. Two appellants, Ruth Shaw and Melvin Shimm, live in District 12 and thus have standing to challenge that part of Chapter 7 which defines District 12. See Miller v. Johnson, 515 U. S. 900, 909 (1995). The remaining appellants do not reside in District 1, however, and they have not provided specific evidence that they personally were assigned to their voting districts on the basis of race. Therefore, we conclude that only Shaw and Shimm have standing and only with respect to District 12.2

We explained in Miller v. Johnson that a racially gerrymandered districting scheme, like all laws that classify citizens on the basis of race, is constitutionally suspect. Id., at 904-905; see also Shaw I, 509 U. S., at 657; Adarand Constructors, Inc. v. Peña, 515 U. S. 200 (1995). This is true whether or not the reason for the racial classification is be[905] nign or the purpose remedial. Shaw I, supra, at 642-643, 653; Adarand, supra, at 228-229. Applying traditional equal protection principles in the voting-rights context is “a most delicate task,” Miller, supra, at 905, however, because a legislature may be conscious of the voters’ races without using race as a basis for assigning voters to districts. Shaw I, supra, at 645-646; Miller, 515 U. S., at 916. The constitutional wrong occurs when race becomes the “dominant and controlling” consideration. Id., at 911, 915-916.

The plaintiff bears the burden of proving the race-based motive and may do so either through “circumstantial evidence of a district’s shape and demographics” or through “more direct evidence going to legislative purpose.” Id., at 916. After a detailed account of the process that led to enactment of the challenged plan, the District Court found that the General Assembly of North Carolina “deliberately drew” District 12 so that it would have an effective voting majority of black citizens. 861 F. Supp., at 473.

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