We hold only that, on the facts of this case, appellants have stated a claim sufficient to defeat the state appellees' motion to dismiss. 6 In this regard, I agree with JUSTICE WHITE'S assessment of the difficulty the white plaintiffs would have here in showing that their opportunity to participate equally in North Carolina's electoral process has been unconstitutionally diminished. It is for these reasons that race-based districting by our state legislatures demands close judicial scrutiny. See, e. g., White v. Regester, 412 U. S. 755, 765-766 (1973); Whitcomb v. Chavis, 403 U. S. 124, 153-155 (1971). SHAW et al. Shaw. Laws that explicitly distinguish between individuals on racial grounds fall within the core of that prohibition. Classifications of citizens on the basis of race "are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality." They found that race-based districting is not prohibited by the Constitution. 9 As has been remarked, "[d]ragons, bacon strips, dumbbells and other strained shapes are not always reliable signs that partisan (or racial or ethnic or factional) interests are being served, while the most regularly drawn district may turn out to have been skillfully constructed with an intent to aid one party." Id., at 477. ("United Jewish Organizations properly is viewed as a case in which the remedy for an administrative finding of discrimination encompassed measures to improve the previously disadvantaged group's ability to participate, without excluding individuals belonging to any other group from enjoyment of the relevant opportunity-meaningful participation in the electoral process") (emphasis added). 1. Congress, too, responded to the problem of vote dilution. In 1993, about 20% of the state population identified as Black. We express no view as to whether appellants successfully could have challenged such a district under the Fourteenth Amendment. the purchase to her American Express card. H. Lefler & A. Newsom, The History of a Southern State: North Carolina 18-22 (3d ed. It is ironic that it does so when white voters challenge a law that would have North Carolina send a black representative to Congress for the first time since Reconstruction, here is no constitutional requirement of compactness or contiguity for districts. Gomillion, supra, at 341. Of the following two options-creation of two minority influence districts or of a single majority-minority district-is one "narrowly tailored" and the other not? Classifications of citizens solely on the basis of race "are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality." Croson, 488 U. S., at 494 (plurality opinion); see also id., at 520 (SCALIA, J., concurring in judgment). 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. 3:92CV71-P (WDNC)). where t(0t24)t(0 \leq t \leq 24)t(0t24) is the number of hours past midnight. For these reasons, we conclude that a plaintiff challenging a reapportionment statute under the Equal Protection Clause may state a claim by alleging that the legislation, though race neutral on its face, rationally cannot be understood as anything other than an effort to separate voters into different districts on the basis of race, and that the separation lacks sufficient justification. Accordingly, we reverse the judgment of the District Court and remand the case for further proceedings consistent with this opinion. We emphasize that these criteria are important not because they are constitutionally required-they are not, cf. See Tr. taker's concurrence appears to be premised on the notion that black citizens were being "fenc[ed] out" of municipal benefits. The Constitution does not call for equal sized districts . Appellants sought declaratory and injunctive relief against the state appellees. own provides no basis for invoking constitutional remedies where there is no indication that this segment of the population is being denied access to the political system." 808 F. Supp. enough enclaves of black neighborhoods." ); id., at 175-179 (Brennan, J., concurring in part); id., at 180 (Stewart, J., concurring in judgment). Constitution prohibits using race as the basis for how to draw districts 2. The black population is relatively dispersed; blacks constitute a majority of the general population in only 5 of the State's 100 counties. 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. 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. Redistricting legislation that is alleged to be so bizarre on its face that it is unexplainable on grounds other than race demands the same close scrutiny, regardless of the motivations underlying its adoption. WHITE, J., filed a dissenting opinion, in which BLACKMUN and STEVENS, JJ., joined, post, p. 658. In its 1993 decision, the Supreme Court agreed, ruling that race cannot be the predominant factor in creating districts. The shape of the district at issue in this case is indeed so bizarre that few other examples are ever likely to carry the unequivocal implication of impermissible use of race that the Court finds here. 4 The majority's use of "segregation" to describe the effect of districting here may suggest that it carries effects comparable to school segregation making it subject to like scrutiny. Nevertheless, there was no fencing out of the white population from participation in the political processes of the county, and the. Arlington Heights v. Metropolitan Housing Development Corp.(1977). This is altogether antithetical to our system of representative democracy. No.1, 458 U. S. 457, 485 (1982). Supp., at 475-477 (opinion concurring in part and dissenting in part). We summarily affirmed that decision. that the white voters who brought the suit could not prove they had been injured in any way by the redistricting plan, and second, that the redistricting plan was an attempt to equalize treatment by providing minority voters with an effective voice in the political process, not an attempt to strip voting power from a particular group. In Guinn v. United States, 238 U. S. 347 (1915), the Court invalidated under the Fifteenth Amendment a statute that imposed a literacy requirement on voters but contained a "grandfather clause" applicable to individuals and their lineal descendants entitled to vote "on [or prior to] January 1, 1866." The second majority-black district, District 12, is even more unusually shaped. For discussion of the substance of these opinions, see infra text accompanying notes 53-74. 808 F. With him on the briefs were Michael F. Easley, Attorney General of North Carolina, Edwin M. Speas, Jr., Senior, Deputy Attorney General, and Norma S. Harrell and Tiare B. Smiley, Special Deputy Attorneys General. This site is protected by reCAPTCHA and the Google. The Court offers them no explanation of this paradox. Appellants point out that blacks currently hold the positions of State Auditor, Speaker of the North Carolina House of Representatives, and chair of the North Carolina State Board of Elections. The majority also rejected appellants' claim that North Carolina's reapportionment plan was impermissible. 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. Robinson O. Everett argued the cause for appellants. This case involves two of the most complex and sensitive issues this Court has faced in recent years: the meaning of the constitutional "right" to vote, and the propriety of race-based state legislation designed to benefit members of historically disadvantaged racial minority groups. Appellants allege that the revised plan, which contains district boundary lines of dramatically irregular shape, constitutes an unconstitutional racial gerrymander. The grounds for my disagreement with the majority are simply stated: Appellants have not presented a cognizable claim, because they have not alleged a cognizable injury. 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. 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. Katzenbach, Michael R. Cole, Alan E. Kraus, Laughlin McDonald, Kathy Wilde, E. Richard Larson, and Dennis Courtland Hayes; for the NAACP Legal Defense and Educational Fund, Inc., by Elaine R. Jones, Charles Stephen Ralston, and Dayna L. Cunningham; and for Bolley Johnson et al. U. S. Id., at 151-152 (emphasis added). "As long as members of racial groups have [a] commonality of interest" and "racial bloc voting takes place," he argues, "legislators will have to take race into account" in order to comply with the Voting Rights Act. 92-357 Argued: April 20, 1993 Decided: June 28, 1993. 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. 1973). 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." When an assumption that people in a particular minority group (whether they are defined by the political party, religion, ethnic group, or race to which they belong) will vote in a particular way is used to benefit that group, no constitutional violation occurs. It is against this background that we confront the questions presented here. The majority, however, accepted the District Court's finding that the plaintiffs had failed to establish that the districts were in fact drawn on racial lines. For equal sized districts, responded to the problem of vote dilution ' claim that North Carolina 18-22 ( ed. 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