johnson
degrandy
argued
october
decided
june
page
together
de
grandy
et
al
johnson
speaker
florida
house
representatives
et
florida
also
appeal
consolidated
cases
group
hispanic
voters
group
black
voters
federal
government
claim
florida
reapportionment
plan
state
senate
house
districts
unlawfully
dilutes
voting
strength
hispanics
blacks
dade
county
area
violation
voting
rights
act
state
review
required
state
constitution
declared
plan
valid
federal
state
law
acknowledging
time
constraints
precluded
full
review
authorizing
interested
party
bring
challenge
plaintiffs
chose
however
pursue
claims
federal
district
reviewed
totality
circumstances
required
thornburg
gingles
concluded
three
gingles
preconditions
establishing
dilution
satisfied
justifying
finding
vote
dilution
specifically
found
voting
proceeded
largely
along
racial
lines
producing
system
tripartite
politics
hispanics
dade
county
area
constitute
majority
house
senate
districts
sjr
created
house
senate
districts
hispanic
majorities
additional
senate
district
drawn
page
ii
florida
minorities
suffered
historically
official
discrimination
social
economic
political
effects
continued
feel
imposed
remedial
plan
house
districts
concluding
remedies
blacks
hispanics
senatorial
districts
mutually
exclusive
left
sjr
senate
districts
force
held
district
properly
refused
give
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state
decision
validating
sjr
pp
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sjr
house
districts
spite
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form
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majorities
number
house
districts
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shares
population
proportionality
dispositive
relevant
fact
totality
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analyzed
determining
whether
minority
voters
less
opportunity
members
electorate
participate
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process
elect
representatives
choice
pp
assumes
without
deciding
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gingles
factor
satisfied
cases
pp
proof
gingles
factors
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claim
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district
lines
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rather
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assess
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gingles
factors
considering
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equal
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misjudged
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gingles
factors
historical
discrimination
equating
dilution
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failure
maximize
number
districts
dilution
inferred
mere
failure
guarantee
minority
voters
maximum
political
influence
pp
ruling
state
proposes
matter
law
dilution
occurs
whenever
proportionality
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likewise
provide
decisional
rule
derogation
statutory
text
proportionality
indication
minority
voters
equal
political
electoral
opportunity
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racial
polarization
guarantee
serve
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whether
set
districts
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strength
pp
need
reach
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proportionality
assessed
statewide
basis
cases
challenging
districts
electing
body
statewide
page
iii
jurisdiction
argument
recast
litigation
comes
dilution
claims
litigated
statewide
basis
smaller
geographical
scale
pp
district
decision
leave
undisturbed
state
plan
senate
districts
correct
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reaching
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misapprehended
legal
test
vote
dilution
case
house
districts
totality
circumstances
appears
support
finding
dilution
senate
districts
pp
souter
delivered
opinion
rehnquist
blackmun
stevens
ginsburg
joined
parts
iv
kennedy
joined
filed
concurring
opinion
kennedy
filed
opinion
concurring
part
concurring
judgment
thomas
filed
dissenting
opinion
scalia
joined
johnson
degrandy
justice
souter
delivered
opinion
consolidated
cases
meaning
vote
dilution
facts
required
show
voting
rights
act
applied
challenges
legislative
districts
see
stat
amended
hold
violation
found
spite
continuing
discrimination
racial
bloc
voting
minority
voters
form
effective
voting
majorities
number
johnson
degrandy
districts
roughly
proportional
minority
voters
respective
shares
population
proportionality
dispositive
challenge
districting
relevant
fact
totality
circumstances
analyzed
determining
whether
members
minority
group
less
opportunity
members
electorate
participate
political
process
elect
representatives
choice
ibid
first
day
florida
legislative
session
group
hispanic
voters
including
miguel
de
grandy
de
grandy
plaintiffs
complained
district
speaker
florida
house
representatives
president
senate
governor
state
officials
state
complainants
alleged
districts
florida
voters
chosen
state
senators
representatives
since
malapportioned
failing
reflect
changes
state
population
ensuing
decade
state
conference
naacp
branches
individual
black
voters
naacp
plaintiffs
filed
similar
suit
district
consolidated
de
grandy
case
several
months
first
complaint
filed
april
state
legislature
adopted
senate
joint
resolution
sjr
providing
reapportionment
plan
currently
issue
plan
called
dividing
florida
senate
house
districts
based
population
data
johnson
degrandy
census
constitution
florida
required
state
attorney
general
petitioned
florida
declaratory
judgment
legislature
apportionment
plan
valid
federal
state
law
see
fla
art
iii
declared
acknowledging
state
constitutional
time
constraints
precluded
full
review
conformity
voting
rights
act
recognizing
right
interested
party
bring
challenge
plan
florida
see
constitutionality
senate
joint
resolution
special
apportionment
session
de
grandy
naacp
plaintiffs
responded
sjr
amending
federal
complaints
charge
new
reapportionment
plan
violating
claimed
sjr
unlawfully
fragments
cohesive
minority
communities
otherwise
impermissibly
submerges
right
vote
participate
electoral
process
pointed
areas
around
state
black
hispanic
populations
formed
voting
majority
politically
cohesive
johnson
degrandy
reasonably
compact
district
one
sjr
fragmented
group
among
several
districts
packed
de
grandy
wetherell
nd
department
justice
filed
similar
complaint
naming
state
florida
several
elected
officials
defendants
claiming
sjr
diluted
voting
strength
blacks
hispanics
two
parts
state
violation
government
alleged
sjr
diluted
votes
hispanic
population
area
largely
covered
dade
county
including
miami
black
population
area
covering
much
escambia
county
including
pensacola
app
district
consolidated
action
two
held
trial
followed
immediately
hearing
remedy
end
hearing
july
district
ruled
bench
held
plan
provisions
state
house
districts
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sjr
nine
hispanic
districts
may
drawn
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creating
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effect
upon
black
voters
imposed
remedial
plan
offered
de
grandy
plaintiffs
calling
house
districts
app
juris
statement
senate
found
fourth
district
drawn
addition
three
provided
sjr
expense
black
voters
area
two
minds
implication
finding
observing
meant
legislature
plan
senate
violation
without
remedy
saying
johnson
degrandy
plan
violate
event
ordered
elections
held
using
sjr
senatorial
districts
later
expanded
opinion
reviewed
totality
circumstances
required
thornburg
gingles
explaining
dade
county
tripartite
politics
ethnic
factors
predominate
found
political
cohesion
within
hispanic
black
populations
none
two
tendency
whites
vote
bloc
bar
minority
groups
electing
chosen
candidates
except
district
given
minority
makes
voting
majority
found
nearly
johnson
degrandy
one
million
hispanics
dade
county
area
combined
senate
house
districts
one
relatively
compact
functional
majority
hispanic
voters
whereas
sjr
created
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districts
one
senate
district
black
voting
majority
drawn
noting
florida
minorities
bore
social
economic
political
effects
past
discrimination
concluded
sjr
impermissibly
diluted
voting
strength
hispanics
house
districts
hispanics
blacks
senate
districts
findings
vote
dilution
senatorial
districts
practical
effect
however
held
remedies
blacks
hispanics
mutually
exclusive
consequently
deferred
state
legislature
work
fairest
accommodation
ethnic
communities
south
florida
stayed
judgment
district
noted
probable
jurisdiction
ii
going
issue
heart
cases
need
consider
district
refusal
give
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state
validating
sjr
state
argues
claims
de
grandy
plaintiffs
dismissed
res
judicata
full
fair
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vote
dilution
state
see
constitutionality
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joint
resolution
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apportionment
session
premise
however
false
exaggerating
review
afforded
de
grandy
plaintiffs
state
ignoring
opinion
judgment
limited
scope
given
state
constitutional
mandate
review
johnson
degrandy
apportionment
resolutions
within
days
see
fla
art
iii
florida
accepted
briefs
evidentiary
submissions
held
trial
words
impossible
conduct
complete
factual
analysis
contemplated
voting
rights
act
within
time
constraints
article
iii
holding
accordingly
without
prejudice
right
protestor
question
validity
plan
filing
petition
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plan
violates
voting
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state
balks
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express
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de
grandy
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returning
state
claims
plaintiffs
free
litigate
jurisdiction
choice
forgo
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review
hardly
converted
state
constitutional
judgment
decision
following
full
fair
opportunity
litigate
allen
mccurry
res
judicata
require
matter
federal
gives
greater
preclusive
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state
judgment
state
marrese
american
academy
orthopaedic
surgeons
florida
made
plain
preliminary
look
vote
dilution
claims
preclusive
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florida
law
state
course
argue
res
judicata
bars
claims
party
florida
action
contends
instead
federal
government
challenge
deserved
dismissal
abstention
doctrine
party
losing
state
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appellate
review
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judgment
district
based
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party
claim
state
judgment
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johnson
degrandy
rights
see
district
columbia
appeals
feldman
rooker
fidelity
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review
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judgment
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feldman
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suing
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seeking
state
judgment
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void
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litigate
case
first
time
government
claims
like
private
plaintiffs
properly
federal
courts
iii
merits
vote
dilution
claims
covering
house
districts
crux
state
argument
power
hispanics
sjr
elect
candidates
choice
number
districts
mirrors
share
dade
county
area
population
house
districts
power
according
state
bars
finding
plan
dilutes
hispanic
voting
strength
district
said
missed
conclusion
mistaking
precedents
require
plan
maximize
number
districts
state
argument
takes
us
back
ground
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last
term
two
cases
challenging
districts
see
voinovich
quilter
growe
emison
growe
held
claim
vote
dilution
district
requires
proof
meeting
three
threshold
conditions
dilution
challenge
multimember
district
minority
group
sufficiently
large
geographically
compact
constitute
majority
johnson
degrandy
district
politically
cohesive
white
majority
vot
sufficiently
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thornburg
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voinovich
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voinovich
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lines
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group
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whether
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johnson
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grandy
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compensate
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recent
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state
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johnson
degrandy
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sound
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cases
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reaching
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plaintiffs
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group
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past
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district
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district
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thornburg
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johnson
degrandy
first
reading
voting
rights
act
amendment
section
amended
act
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practice
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citizen
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race
color
membership
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processes
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circumstance
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members
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class
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proportion
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johnson
degrandy
hile
many
may
relevant
claim
vote
dilution
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multimember
districts
unless
conjunction
following
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districts
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impede
ability
minority
voters
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choice
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succinctly
bloc
voting
majority
must
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able
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candidates
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johnson
degrandy
generally
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prove
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facts
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judgments
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limited
canvassing
relevant
facts
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success
evidence
vote
dilution
courts
must
also
examine
evidence
totality
circumstances
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extent
opportunities
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voters
enjoy
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processes
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sure
plaintiffs
may
easy
cases
although
lack
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demonstrated
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essential
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arguably
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judgment
johnson
degrandy
three
gingles
factors
may
isolated
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standing
alone
prove
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must
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plaintiffs
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total
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place
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lines
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three
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johnson
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think
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provide
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gingles
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enquiry
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consistently
gingles
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racial
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voting
behavior
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history
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hispanic
voters
continuing
society
generally
present
day
district
critical
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whether
history
persistent
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larger
society
behavior
portended
dilutive
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newly
proposed
districting
scheme
whose
pertinent
features
districts
substantial
proportion
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share
population
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ask
whether
totality
facts
including
pointing
proportionality
showed
new
johnson
degrandy
scheme
deny
minority
voters
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opportunity
treating
equal
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enquiry
see
district
lines
apparently
providing
political
effectiveness
proportion
numbers
deny
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opportunity
record
establishes
hispanics
constitute
percent
population
dade
county
sjr
make
house
districts
located
primarily
within
county
likewise
one
considers
house
districts
located
least
part
within
dade
county
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hispanics
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voting
majority
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nine
constitute
percent
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app
juris
statement
words
sjr
hispanics
dade
county
area
enjoy
substantial
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think
state
scheme
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requires
courts
maximize
number
districts
minority
voters
may
elect
candidates
choice
district
applying
maximization
principle
operated
apparent
assumption
done
create
additional
hispanic
districts
done
ante
today
makes
clear
district
error
voting
rights
act
require
maximization
ante
ailure
maximize
measure
ante
district
johnson
degrandy
improperly
equated
dilution
failure
maximize
number
reasonably
compact
districts
today
opinion
reject
maximization
principle
opinion
central
teaching
proportionality
defined
relationship
number
voting
districts
minority
group
share
relevant
population
always
relevant
evidence
determining
vote
dilution
never
dispositive
lack
proportionality
probative
evidence
vote
dilution
ny
theory
vote
dilution
must
necessarily
rely
extent
measure
minority
voting
strength
makes
reference
proportion
minority
group
electorate
large
thornburg
gingles
concurring
judgment
thus
evaluating
gingles
preconditions
totality
circumstances
must
always
consider
relationship
number
voting
districts
minority
group
share
population
cf
relative
lack
minority
electoral
success
challenged
plan
compared
success
predicted
measure
undiluted
minority
voting
strength
employing
constitute
powerful
evidence
vote
dilution
also
makes
clear
proportionality
never
dispositive
lack
proportionality
never
prove
dilution
courts
must
always
carefully
searchingly
review
totality
circumstances
including
extent
minority
groups
access
political
process
ante
presence
proportionality
prove
absence
dilution
proportionality
safe
harbor
immunize
election
schemes
challenge
ante
sum
carefully
crafted
approach
treats
johnson
degrandy
proportionality
relevant
evidence
make
relevant
evidence
makes
clear
require
maximization
minority
voting
strength
yet
remains
faithful
command
minority
voters
given
equal
opportunity
participate
political
process
elect
representatives
choice
understanding
join
opinion
johnson
degrandy
justice
kennedy
concurring
part
concurring
judgment
trial
plaintiffs
alleged
state
violated
voting
rights
act
creating
many
districts
feasible
district
agreed
found
violation
thus
equating
impermissible
vote
dilution
failure
maximize
number
districts
agree
district
maximization
theory
erroneous
application
difficult
question
whether
proportionality
ascertained
comparing
number
johnson
degrandy
districts
minority
group
proportion
relevant
population
relevant
deciding
whether
vote
dilution
challenge
election
district
lines
statutory
text
yield
clear
answer
statute
relevant
part
provides
extent
members
protected
class
elected
office
state
political
subdivision
one
circumstance
may
considered
determining
whether
vote
dilution
provided
nothing
section
establishes
right
members
protected
class
elected
numbers
equal
proportion
population
emphasis
original
terms
language
addresses
number
minorities
elected
office
number
districts
minorities
constitute
voting
majority
two
things
synonymous
affront
constitutional
traditions
treat
assumption
districts
elect
minority
representatives
districts
elect
white
representatives
false
empirical
matter
see
voinovich
quilter
slip
thernstrom
whose
votes
count
affirmative
action
minority
voting
rights
swain
black
faces
black
interests
ch
fundamental
level
assumption
reflects
demeaning
notion
members
defined
racial
groups
ascribe
certain
minority
views
must
different
citizens
metro
broadcasting
fcc
kennedy
dissenting
see
also
jewish
organizations
carey
burger
dissenting
although
statutory
text
speak
precise
terms
issue
precedents
make
clear
proportionality
lack
thereof
relevance
vote
dilution
claim
unanimous
johnson
degrandy
decision
last
term
recognized
districts
subject
vote
dilution
challenges
ividing
politically
cohesive
minority
group
among
various
districts
majority
none
one
device
diluting
minority
voting
power
within
meaning
statute
voinovich
quilter
slip
fragmentation
minority
group
among
various
districts
acknowledged
dilutive
device
slip
follows
analysis
takes
account
whether
number
districts
falls
short
statistical
norm
cf
washington
davis
discriminatory
impact
relevant
allegation
intentional
discrimination
majority
concurring
opinions
thornburg
gingles
reflect
understanding
statute
see
gerrymander
case
plaintiffs
might
allege
minority
group
sufficiently
large
compact
constitute
district
split
two
multimember
districts
effect
diluting
potential
strength
minority
vote
concurring
judgment
ny
theory
vote
dilution
must
necessarily
rely
extent
measure
minority
voting
strength
makes
reference
proportion
minority
group
electorate
large
indeed
say
proportionality
irrelevant
results
test
equivalent
saying
contrary
precedents
vote
dilution
challenges
brought
drawing
districts
sure
placing
undue
emphasis
upon
proportionality
risks
defeating
goals
underlying
voting
rights
act
amended
see
gingles
supra
concurring
judgment
today
decision
provides
lack
proportionality
never
johnson
degrandy
dispositive
proof
vote
dilution
presence
proportionality
safe
harbor
immunize
election
schemes
challenge
ante
concurring
see
also
ante
given
past
construction
statute
hesitate
conclude
proportionality
relevance
inquiry
important
emphasize
precedents
refer
like
today
decision
construe
statute
purport
assess
constitutional
implications
see
chisom
roemer
kennedy
dissenting
operating
constraints
statutory
regime
proportionality
relevance
might
consider
lawful
proper
act
explicit
goal
creating
proportional
number
districts
effort
avoid
litigation
likewise
finding
violation
might
believe
appropriate
remedy
order
offending
state
engage
redistricting
create
minimum
number
districts
minorities
constitute
voting
majority
department
justice
might
require
effect
condition
granting
preclearance
act
state
proposed
legislative
redistricting
governmental
actions
view
tend
entrench
practices
stereotypes
equal
protection
clause
set
see
metro
broadcasting
fcc
supra
kennedy
dissenting
general
matter
sorting
persons
intent
divide
reason
race
raises
serious
constitutional
questions
moral
imperative
racial
neutrality
driving
force
equal
protection
clause
richmond
croson
kennedy
concurring
part
concurring
judgment
racial
classifications
nature
odious
free
people
whose
institutions
founded
upon
johnson
degrandy
doctrine
equality
presumed
invalid
shaw
reno
slip
internal
quotation
marks
omitted
see
also
bickel
morality
consent
true
regardless
race
burdened
benefited
particular
classification
croson
supra
opinion
scalia
concurring
judgment
furthermore
axiomatic
racial
classifications
become
legitimate
assumption
persons
suffer
equal
degree
powers
ohio
see
also
plessy
ferguson
harlan
dissenting
racial
religious
lines
drawn
state
multiracial
multireligious
communities
constitution
seeks
weld
together
one
become
separatist
antagonisms
relate
race
religion
rather
political
issues
generated
since
system
war
democratic
ideal
find
footing
wright
rockefeller
dissenting
opinion
johnson
degrandy
decision
shaw
alluded
resolve
broad
question
whether
intentional
creation
districts
without
always
gives
rise
equal
protection
claim
slip
internal
quotation
marks
omitted
see
also
slip
recognizing
redistricting
differs
many
kinds
state
decisionmaking
legislature
always
aware
race
draws
district
lines
aware
age
economic
status
religion
political
persuasion
stated
difficulty
determining
face
districting
plan
purposefully
distinguishes
voters
basis
race
mean
racial
gerrymander
established
receive
less
scrutiny
equal
protection
clause
state
legislation
classifying
citizens
race
emphasis
original
went
hold
reapportionment
scheme
irrational
face
understood
effort
segregate
voters
separate
voting
districts
race
must
subject
strict
scrutiny
equal
protection
clause
slip
see
also
slip
given
decision
shaw
good
reason
state
federal
officials
responsibilities
related
redistricting
well
reviewing
courts
recognize
explicit
districting
embarks
us
dangerous
course
necessary
bear
mind
redistricting
must
comply
overriding
demands
equal
protection
clause
constitutional
claims
brought
opinion
address
constitutional
issues
cf
johnson
degrandy
voinovich
quilter
slip
observations
concur
parts
iv
opinion
judgment
johnson
degrandy
justice
thomas
justice
scalia
joins
dissenting
reasons
explain
holder
hall
ante
vacate
judgment
district
remand
instructions
dismiss
actions
consolidated
cases
failure
state
claim
voting
rights
act
actions
consolidated
cases
asserted
florida
apportionment
plan
diluted
vote
minority
group
accordance
views
express
holder
hold
apportionment
plan
standard
practice
procedure
may
challenged
therefore
respectfully
dissent
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