rogers lodge argued february decided july burke county large predominately rural county system electing members governing board commissioners negro ever elected board appellee black citizens county filed class action federal district alleging system elections violated inter alia appellees fourteenth fifteenth amendment rights diluting voting power black citizens finding blacks always made substantial majority county population minority registered voters bloc voting along racial lines past discrimination restricted present opportunity blacks participate effectively political process district held although state policy behind electoral system neutral origin policy maintained invidious purposes violation appellees fourteenth fifteenth amendment rights ordered county divided districts purposes electing county commissioners appeals affirmed holding district properly required appellees prove system maintained discriminatory purpose district findings clearly erroneous conclusion system maintained invidious purposes virtually mandated overwhelming proof held appeals err concluding district applied proper legal standard appears district demonstrated understanding controlling standard observing determination discriminatory intent requisite finding unconstitutional vote dilution fourteenth fifteenth amendments pp neither district ultimate findings intentional discrimination subsidiary findings fact appear clearly erroneous findings agreed appeals disturb findings pp reason overturn relief ordered district neither appeals discerned special circumstances militate utilizing districts pp white delivered opinion burger brennan marshall blackmun joined powell filed dissenting opinion rehnquist joined post stevens filed dissenting opinion post freeman leverett argued cause appellants briefs preston lewis david walbert argued cause appellees brief robert cullen laughlin mcdonald christopher coates neil bradley briefs amici curiae urging affirmance filed arthur kinoy robert boehm center constitutional rights marvin arrington bobby hill john myer margrett ford georgia association black elected officials et al william robinson frank parker lawyers committee civil rights law jack greenberg james nabrit iii lani guinier naacp legal defense educational fund et al justice white delivered opinion issue case whether system elections burke county violates fourteenth amendment rights burke county black citizens burke county large predominately rural county located eastern georgia eight hundred square miles area approximately size state rhode island according census burke county total population black average age blacks living lower average age whites therefore whites constitute slight majority voting age population persons registered vote burke county black burke county board commissioners governs county created see laws consists five members elected large concurrent terms qualified voters county county never divided districts either purpose imposing residency requirement candidates purpose requiring candidates elected voters residing district order nominated elected candidate must receive majority votes cast primary general election runoff must held candidate receives majority first primary general election code supp candidate must run specific seat board code voter may vote candidate negro ever elected burke county board commissioners appellees eight black citizens burke county filed suit district southern district georgia suit brought behalf black citizens burke county class certified complaint alleged county system elections violates appellees first thirteenth fourteenth fifteenth amendment rights well rights diluting voting power black citizens following bench trial sides introduced extensive evidence issued order september stating appellees entitled prevail ordering burke county divided five districts purposes electing county commissioners app juris statement later issued detailed findings fact conclusions law stated present method electing county commissioners racially neutral adopted maintained invidious purposes violation appellees fourteenth fifteenth amendment rights appeals affirmed lodge buxton stated proceedings district took place prior decision mobile bolden district correctly anticipated mobile required appellees prove voting system maintained discriminatory purpose appeals also held district findings clearly erroneous conclusion system maintained invidious purposes virtually mandated overwhelming proof noted probable jurisdiction affirm ii voting schemes multimember districts tend minimize voting strength minority groups permitting political majority elect representatives district distinct minority whether racial ethnic economic political group may unable elect representatives election yet may able elect several representatives political unit divided districts minority voting power multimember district particularly diluted bloc voting occurs ballots cast along strict lines multimember districts challenged aspects tendency submerge minorities overrepresent winning party whitcomb chavis repeatedly held unconstitutional per se mobile bolden supra white regester whitcomb chavis supra recognized however multimember districts violate fourteenth amendment conceived operated purposeful devices racial discrimination minimizing cancelling diluting voting strength racial elements voting population whitcomb chavis supra see also white regester supra cases charging multimember districts unconstitutionally dilute voting strength racial minorities thus subject standard proof generally applicable equal protection clause cases washington davis arlington heights metropolitan housing dev made clear order equal protection clause violated invidious quality law claimed racially discriminatory must ultimately traced racially discriminatory purpose washington davis supra neither case involved voting dilution cases observed requirement racially discriminatory purpose intent proved applies voting cases relying upon among others wright rockefeller districting case illustrate showing discriminatory intent long required types equal protection cases charging racial discrimination arlington heights supra washington davis supra arlington heights washington davis rejected notion law invalid equal protection clause simply may affect greater proportion one race another arlington heights supra washington davis however cases recognized discriminatory intent need proved direct evidence necessarily invidious discriminatory purpose may often inferred totality relevant facts including fact true law bears heavily one race another ibid thus determining existence discriminatory purpose demands sensitive inquiry circumstantial direct evidence intent may available arlington heights supra mobile bolden supra called upon apply principles election system mobile ala mobile governed three commissioners exercise legislative executive administrative power municipality candidate city commission runs one three numbered posts election elected majority vote plaintiffs brought class action behalf negro citizens mobile alleging scheme diluted voting strength violation several statutory constitutional provisions district concluded system violates constitutional rights plaintiffs improperly restricting access political process bolden mobile supp sd ordered commission form government replaced mayor city council elected districts appeals affirmed reversed justice stewart writing three justices noted prevail contention voting system violates equal protection clause fourteenth amendment plaintiffs prove system conceived operated purposeful devic racial discrimination quoting whitcomb chavis supra requirement simply one aspect basic principle purposeful discrimination violation equal protection clause fourteenth amendment white regester consistent principle another justice agreed standard proof recognized plurality white dissenting plurality went conclude district failed comply standard district analyzed plaintiffs claims light standard set forth zimmer mckeithen aff grounds sub nom east carroll parish school bd marshall per curiam zimmer set list factors gleaned whitcomb chavis supra white regester supra consider assessing constitutionality multimember district voting schemes zimmer voting dilution established upon proof existence aggregate factors plurality mobile view zimmer decided upon misunderstanding necessary show discriminatory purpose order prove violation equal protection clause proof discriminatory effect sufficient plurality observed presence indicia relied zimmer may afford evidence discriminatory purpose mere existence criteria substitute finding discriminatory purpose district standard mobile likewise flawed finally plurality concluded evidence upon lower courts relied insufficient prove unconstitutionally discriminatory purpose present case ibid justice stevens rejected intentional discrimination standard concluded proof failed satisfy legal standard view applicable rule therefore concurred judgment reversal four justices however thought evidence sufficient satisfy purposeful discrimination standard one justice blackmun nevertheless concurred judgment believed erroneous remedy imposed district present case employed evidentiary factors outlined zimmer urged judgment infirm reasons led reversal mobile agree first fundamentally unconvinced district case applied wrong legal standard district decision rendered considerable time washington davis arlington heights trial judge also benefit nevett sides appeals fifth circuit assessed impact washington davis arlington heights held showing racially motivated discrimination necessary element equal protection voting dilution claim stated ultimate issue case alleging unconstitutional dilution votes racial group whether districting plan attack exists intended diminish dilute political efficacy group appeals also explained although evidentiary factors outlined zimmer important considerations arriving ultimate conclusion discriminatory intent plaintiff limited factors task fact finder determine relevant facts whose favor aggregate evidence preponderates determination peculiarly dependent upon facts case omitted district referred nevett sides demonstrated understanding controlling standard observing determination discriminatory intent requisite finding unconstitutional vote dilution fourteenth fifteenth amendments app juris statement furthermore recognizing evidentiary factors identified zimmer considered district aware limited determination zimmer factors consider relevant factors well app juris statement district proceeded deal considered relevant proof concluded scheme electing commissioners although racially neutral adopted maintained invidious purposes system neutral origin subverted invidious purposes part district dealt evidence terms factors set zimmer progeny appeals stated judge alaimo employed constitutionally required standard treat zimmer criteria absolute rather considered extent relevant question discriminatory intent iii also unconvinced disturb district finding system burke county maintained invidious purpose diluting voting strength black population white regester stated inclined overturn district factual findings representing blend history intensely local appraisal design impact bexar county multimember district light past present reality political otherwise see also columbus board education penick burger concurring judgment recent decision swint emphasizes deference federal rule civil procedure requires reviewing courts give trial findings fact rule broadly requires findings fact set aside unless clearly erroneous make exceptions purport exclude certain categories factual findings held issue whether differential impact seniority system resulted intent discriminate racial grounds pure question fact subject rule standard swint also noted issues intent commonly treated factual matters view standard applies trial finding case system burke county maintained discriminatory purposes well subsidiary findings fact appeals hold district findings fact clearly erroneous frequently noted reluctance disturb findings fact concurred two lower courts see berenyi information director blau lehman graver tank mfg linde agree appeals record us none factual findings clearly erroneous district found blacks always made substantial majority population burke county app juris statement distinct minority registered voters also overwhelming evidence bloc voting along racial lines hence although black candidates black ever elected burke county commission facts bear heavily issue purposeful discrimination voting along racial lines allows elected ignore black interests without fear political consequences without bloc voting minority candidates lose elections solely race sensible expect least blacks elected burke county fact none ever elected important evidence purposeful exclusion see white regester supra cases however facts insufficient prove purposeful discrimination absent evidence proof blacks less opportunity participate political processes elect candidates choice jewish organizations carey white regester supra whitcomb chavis see also mobile bolden plurality opinion district appeals thought supporting proof case sufficient support inference intentional discrimination supporting evidence organized primarily around factors nevett sides deemed relevant issue intentional discrimination factors primarily suggested zimmer mckeithen district began determining impact past discrimination ability blacks participate effectively political process past discrimination found contribute low black voter registration prior voting rights act blacks denied access political process means literacy tests poll taxes white primaries result black suffrage burke county virtually app juris statement black voter registration burke county increased following voting rights act point blacks eligible vote registered basis district inferred past discrimination adverse effect black voter registration lingers date ibid past discrimination blacks education also effect burke county schools discriminate blacks recently also schools still remain essentially segregated blacks group completed less formal education whites district found evidence exclusion political process past discrimination prevented blacks effectively participating democratic party affairs primary elections lawsuit filed never black member county executive committee democratic party also property ownership requirements made difficult blacks serve chief registrar county discrimination selection grand jurors hiring county employees appointments boards committees oversee county government district thus concluded historical discrimination restricted present opportunity blacks effectively participate political process evidence historical discrimination relevant drawing inference purposeful discrimination particularly cases one evidence shows discriminatory practices commonly utilized abandoned enjoined courts made illegal civil rights legislation replaced laws practices though neutral face serve maintain status quo extensive evidence cited district support finding elected officials burke county unresponsive insensitive needs black community increases likelihood political process equally open blacks evidence ranged effects past discrimination still haunt county courthouse infrequent appointment blacks county boards committees overtly discriminatory pattern paving county roads reluctance county remedy black complaints forced blacks take legal action obtain school grand jury desegregation role played county commissioners incorporation private school donated public funds purchase band uniforms district also considered depressed status burke county blacks found proportionately blacks whites incomes poverty level nearly black families living burke county incomes equal less income ibid blacks completed less formal education whites also education received qualitatively inferior marked degree blacks tend receive less pay whites even similar work tend employed menial jobs often whites percent houses occupied blacks lacked plumbing facilities houses suffered deficiency ibid district concluded depressed status blacks results part lingering effects past discrimination ibid although finding state policy behind electoral system burke county neutral origin district concluded policy subverted invidious purposes practical matter maintenance state statute providing elections burke county determined burke county state representatives legislature defers wishes matters purely local application found burke county state representatives retained system minimized ability burke county blacks participate political system ibid trial considered addition several factors indicated enhance tendency multimember districts minimize voting strength racial minorities see whitcomb chavis found sheer geographic size county nearly size rhode island made difficult blacks get polling places campaign office app juris statement concluded matter law size county tends impair access blacks political process majority vote requirement code supp found submerge minority thus deny minority access system app juris statement also found requirement candidates run specific seats code enhances appellees lack access prevents cohesive political group concentrating single candidate burke county residency requirement candidates reside waynesboro sic neighborhoods extent denial access becomes enhanced app juris statement none district findings underlying ultimate finding intentional discrimination appears us clearly erroneous said decline overturn essential finding district agreed appeals system burke county maintained purpose denying blacks equal access political processes county white regester district findings sufficient sustain judgment record reason disturb iv also find reason overturn relief ordered district neither district appeals discerned special circumstances militate utilizing districts constitutional violation found remedy exceed violation remedy tailored cure condition offends constitution milliken bradley emphasis deleted quoting milliken bradley judgment appeals affirmed footnotes dept commerce bureau census census population housing mar burke county total population black dept commerce bureau census ii characteristics population pt percentage blacks total population burke county steadily diminished last years app juris statement district judgment stayed pending appeal appeals appeals stayed mandate april pending disposition case purposeful racial discrimination invokes strictest scrutiny adverse differential treatment absent purpose differential impact subject test rationality washington davis respect fifteenth amendment plurality held amendment prohibits direct purposefully discriminatory interference freedom negroes vote found negroes mobile register vote without hindrance district appeals error believing appellants invaded protection fifteenth amendment present case mobile bolden three justices disagreed plurality basis putting aside fifteenth amendment stevens concurring judgment white dissenting marshall dissenting express view application fifteenth amendment case plurality noted plaintiffs claim voting rights act stat amended added nothing fifteenth amendment claim legislative history makes clear intended effect different fifteenth amendment specifically affirmed judgment without approval constitutional views expressed appeals primary factors listed zimmer include lack minority access candidate selection process unresponsiveness elected officials minority interests tenuous state policy underlying preference multimember districting existence past discrimination precludes effective participation electoral process factors enhance proof voting dilution existence large districts voting provisions absence provision candidates run geographic ibid appeals held proof unresponsiveness public body question group claiming injury essential element claim voting dilution fourteenth amendment cases however unresponsiveness important element one number circumstances consider determining whether discriminatory purpose may inferred appellants contend district divided burke county five districts allowed appellants devise plan subdividing county submit plan preclearance voting rights act stat amended contention properly raised appeals addressed therefore address see adickes kress appellants also contend doctrine unconstitutional dilution voting rights arising election system apply county governing bodies find merit contention previously affirmed judgment elections governing body parish county unconstitutionally diluted black voting strength east carroll parish school bd marshall justice powell justice rehnquist joins dissenting mobile bolden establishes voting system must upheld constitutional attack unless maintained discriminatory purpose mobile reversed finding unconstitutional vote dilution lower courts relied factors insufficient matter law establish discriminatory intent see plurality opinion stewart district appeals case based findings unconstitutional discrimination factors held insufficient mobile yet finds conclusion unexceptionable mobile plurality also affirmed concept intent mere fiction held district erred failure identify state officials whose intent considered relevant although courts answer question case today affirms decision whatever wisdom mobile opinion reconciled persuasively case variances largely sociological evidence presented two cases mobile held kind evidence enough evidence found mobile merely fall short fell far short showing electoral scheme conceived operated purposeful devic racial discrimination emphasis added quoting whitcomb chavis believe mobile controls case dissent ii decision today relies heavily capacity federal district courts essentially free standards propounded determine whether voting systems maintained invidious purpose diluting voting strength black population ante federal courts thus invited engage deeply subjective inquiries motivations local officials structuring local governments inquiries kind unseemly see karst costs inquiry san diego rev intrude federal courts vaguest constitutional direction area intensely local political concern emphasizing considerations justice stevens post argues forcefully focus inquiry seriously mistaken agree much says share views entirely however write separately understand justice stevens critique approach rests three principles fundamental agreement first appropriate distinguish state action inhibits individual right vote state action affects political strength various groups mobile bolden supra stevens concurring judgment see post distinction case fundamentally different cases involving direct barriers voting claim blacks may register freely vote choose case also differs cases districting practices make person vote less weighty districts others second agree justice stevens vote dilution cases kind difficult impossible distinguish especially remedial aspect actions redress gerrymanders see post finally justice stevens clearly correct arguing standard used identify unlawful racial discrimination area defined terms judicially manageable reviewable see post absence compelling reasons law fact federal judiciary unwarranted undertaking restructure state political systems inherently political area identification seeming violation necessarily suggest enforceable judicial remedy least none short system quotas group representation system course antithetical principles democracy justice stevens accommodate principles holding subjective intent irrelevant establishment case racial vote dilution fourteenth amendment see post despite sharing concerns position developed accept view central purpose equal protection clause fourteenth amendment prevention official conduct discriminating basis race washington davis unwilling abandon central principle cases kind join justice stevens opinion nonetheless agree calls objective factors focus inquiry cases unlike considerations lower courts relied case mobile factors identified justice stevens objective fact direct reliable unambiguous indices discriminatory intent held think district courts must place primary reliance factors establish discriminatory intent prevent inquiries subjective thought processes local officials least enough objective evidence presented warrant discovery subjective motivations complex politically charged area prescribing rule hold federal courts standard judicially manageable remain faithful central protective purpose equal protection clause absence proof discrimination reliance kind objective factors identified justice stevens hold factors cited appeals attenuated matter law support inference discriminatory intent reverse judgment basis justice stevens dissenting legacy racial discrimination left scars burke county georgia record case amply supports conclusion governing officials burke county repeatedly denied black citizens rights guaranteed fourteenth fifteenth amendments federal constitution one legitimately question validity remedial measures whether legislative judicial designed prohibit discriminatory conduct public officials guarantee black citizens effectively afforded rights register vote public roads may paved areas white citizens live black citizens may denied employment opportunities county government segregated schools may maintained opinion doubt constitutionality amendment voting rights act require burke county covered jurisdictions abandon specific kinds voting schemes perpetuate effects past discrimination reserved powers congress may use rational means effectuate constitutional prohibition racial discrimination voting south carolina katzenbach might indeed wise policy accelerate transition minority groups position political power commensurate voting strength amending act prohibit use multimember districts covered jurisdictions decision today however based either conception sound policy statutory command decision rests entirely interpretation requirements federal constitution despite sympathetic appraisal laudable goals unable agree approach constitutional issue presented opinion case raises questions encompass immediate plight disadvantaged black citizens believe errs holding structure local governmental unit unconstitutional without identifying acceptable judicially manageable standard adjudicating cases kind entry business electoral reapportionment preceded lengthy scholarly debate role judiciary legitimately play justice frankfurter described colegrove green political thicket case decided declined entertain challenge congressional districts illinois created become grossly unequal reason great growth urban population dissent justice black advocated use statewide election representatives argued election element virtue convenient method namely discriminate groups favor others gives people equally effective voice electing representatives essential free government constitutional changed course another challenge constitutionality districting statute held political question doctrine foreclose judicial review baker carr decision represents one great landmarks history jurisprudence two aspects opinion baker carr special relevance case decides today first scholarly review political question doctrine focused dominant importance satisfactory standards judicial determination second articulation relevant constitutional standard made reference subjective intent host cases arisen wake baker carr shared two characteristics formulated refined applied judicially manageable standard become known rule attached significance subjective intent decisionmakers adopted maintained official rule attack reviewing constitutionality structure local government two quite different methods analysis employed might identify specific features government raise constitutional concerns decide whether singly combination valid approach used testing constitutionality rules conditioning right vote payment poll tax imposing burdens independent candidates denying new residents members armed forces right vote prohibiting crossovers party primaries requiring political candidates pay filing fees disadvantaging minority parties presidential elections none cases validity electoral procedure turn whether legislators enacted rule subjectively intended discriminate minority voters approach employed cases objective circumstances led declaration election procedure unconstitutional invalidate similar law wherever might found alternatively employ subjective approach constitutionality challenged procedure depends entirely federal judges appraisals reasons particular localities chosen govern particular way constitution simply protect right electoral machinery established maintained without influence impermissible factors constitutional challenges identical procedures neighboring communities produce totally different results subjective motivations legislators enacted procedures least admissible evidence might discovered concerning motivation quite different deciding question presented case abruptly rejects former approach considers latter starts premise burke county method electing five county commissioners face unobjectionable otherwise valid system unconstitutional however makes difficult minority elect commissioners majority power maintained system reason two factors apparently critical importance intent majority maintain control racial character minority troubled aspect analysis opinion question whether burke county system may survive scrutiny purely objective analysis nearly easy answer implies assuming however system otherwise valid believe subjective intent persons adopted system intent since declined change determine constitutionality even intent political majority controlling constitutional consideration agree political groups entitled protection rule defined racial characteristics ii voting systems generally tend maximize political power majority see ante however many types electoral schemes three features burke county electoral system noteworthy opinion shed special light subjective intent certain unidentified people rather make especially difficult minority candidate win election first although qualifications duties office identical five commissioners runs separately designated position second order elected commissioner must receive majority votes cast primary general election leading candidate receives plurality runoff election must held third residency requirements thus candidates reside single neighborhood even one assumes system local government power concentrated hands small group persons elected community large acceptable perhaps even preferred form municipal government immediately apparent additional features help perpetuate power entrenched majority either desirable legitimate purpose features serve particularly viewed combination assist dominant party maintain political power legitimate tennessee districts described baker carr policy simply arbitrary capricious action emphasis original unless features independently justified may invalid simply legitimate justification impact minority participation elections case appellees argued presumably assumed many references requirement proving improper motive equal protection cases controlling new context special features burke county system adverse impact minority opportunity participate political process type government deprives minority equal protection law appellants sought identify legitimate local policies might justify use rules result record provide adequate basis determining validity burke county governmental structure basis traditional objective standards governmental structure found lack legitimate justification inquiry subjective intent clearly unnecessary justice marshall stated dissent mobile whatever may merits applying motivational analysis allocation constitutionally gratuitous benefits approach completely misplaced applied distribution constitutionally protected interest analysis however characteristics particular form government attack virtually irrelevant approach uphold arbitrary invidious system lacked independent justification invalidate discriminatory intent proved local rule perfectly acceptable absent showing invidious intent standard applies burke county multimember districts form government well iii ever since joined concerned emphasis subjective intent criterion constitutional adjudication although criterion often regarded restraint exercise judicial power may fact provide judges tool exercising power otherwise confined legislature principal concern standard however unrelated quantum power confers upon judiciary based quality power long run constitutional adjudication premised appraisal subjective intent local decisionmakers possibly satisfy requirement impartial administration law embodied equal protection clause fourteenth amendment facts case illustrate ephemeral character constitutional standard focuses subjective intent suit filed approximately percent population burke county black approximately percent white black citizens denied access political process means since outlawed voting rights act insufficient time enable registration black voters overcome history past injustice majority registered voters county white electoral system therefore served result presence bloc voting maintain white control local government whether continued depended mix least three different factors continuing increase voter registration among blacks continuing exodus black residents county extent racial bloc voting continued dominate local politics elected officials control political machinery formed judgment factors created likelihood bloc black voters achieve sufficient strength elect entirely new administration might decided abandon system substitute five districts boundary lines drawn provide white majority three districts black majority two intent standard change presumably violate fourteenth amendment ironic remedy ordered district fits pattern precisely votes continue cast racial basis judicial remedy virtually guarantees whites continue control majority seats county board least possible white control political machinery frozen judicial decree time increased black voter registration might led complete change administration since federal judge intent unquestionably benign rather invidious unlike state officials presumably subject event standard result accomplished without violating federal constitution future inconceivable white officials likely remain power district plan desire perpetuate system continue control majority seats county board standard officials harbor intent invidious reason district plan become unconstitutional clear whether invidious intent shared three white commissioners merely majority two simply one influential clear whether issue affected intent two black commissioners might fear return system undermine certainty two black seats course subjective intent officials mandate change governmental structure permit black voters elect commission black voters black officials harbor intent maintain system keep whites returning power sum long racial consciousness exists burke county governmental structure subject attack perhaps familiar political maneuvering able identify greater accuracy reliability subjective intentions legitimate judges may possess expertise however afraid planting seeds may produce unexpected harvest costs doubts associated litigating questions motive often significant routine trials especially cases involving motives legislative bodies often evidence governmental system adopted discriminatory reason reform movement municipal government see supra attempt comply strictures reynolds sims may account enactment countless systems case question becomes whether system maintained discriminatory purpose whose intentions control obviously voters although may responsible attitudes actions local government assuming intentions state actors critical mental processes discovered must specific proposal change defeated different motives held different legislators indeed single official selfish desire stay office sufficient justify failure change governmental system avoids problems failing answer question standard asks presumably according analysis burke county governmental structure unconstitutional maintained point invidious purpose yet scarcely identifies manner changes county governmental structure made reference unsuccessful attempt replace system districts incongruous subjective intent identified constitutional standard yet persons allegedly harbored improper intent never identified mentioned undoubtedly evidence relied proves racial prejudice played important role history burke county motivated many wrongful acts various community leaders unless evidence sufficient prove every governmental action motivated racial animus may remedied federal failed test demonstrate governmental structure burke county maintained discriminatory purpose certainly governmental action influenced irrelevant considerations convinced however constitution affords right right finds applicable case every official decision made without influence considerations way discriminatory failure state legislature ratify equal rights amendment invalid federal judge concludes majority legislators harbored stereotypical views proper role women society establishment memorial jews slaughtered world war ii unconstitutional civic leaders believe cause meritorious victimized palestinian refugees failure adopt state holiday martin luther king invalid proved state legislators believed deserve commemorated refusal provide medicaid funding abortions unconstitutional officials intend discriminate women abort fetus rule invalidate governmental action motivated racial ethnic political considerations broad moreover opinion incorrect assuming intent elected officials invidious motivated desire retain control local political machinery intent surely characteristic politicians throughout country implementing sort purpose dominant majorities used wide variety techniques limit political strength aggressive minorities case minority defined racial characteristics minority groups seeking effective political voice course identified many ways hasidic jews kings county puerto ricans chicago citizens dallas bohemians cedar rapids federalists massachusetts democrats indiana republicans california disadvantaged deliberate political maneuvers dominant majority stated device serves purpose exclude minority groups effective political participation unlawful objective standards political majority intent maintain control legitimate local government sufficient invalidate electoral device makes difficult minority group elect candidates regardless nature interest gives minority group cohesion entering political thicket entering vast wonderland judicial review political activity obvious response suggestion case involves racial group governmental decisions disadvantage group must subject special scrutiny fourteenth amendment therefore must consider whether holding legitimately confined political groups identified racial characteristics iv governmental action discriminates individuals basis race least presumptively irrational individual race virtually always irrelevant right enjoy benefits share responsibilities citizenship democratic society persons different races like persons different religious faiths different political beliefs equal eyes law groups every character may associate together achieve legitimate common goals voluntarily identify common interest specific issue common ethnic heritage common religious belief race characteristic assumes significance bond gives group cohesion political strength referring different kinds political groups consistently indicated borrow justice brennan phrasing equal protection clause make groups citizens equal others see zobel williams brennan concurring thus considered challenges discrimination based differences color race nativity religious opinions political affiliations american sugar refining louisiana redistricting plans serve racial economic discrimination whitcomb chavis biases tending favor particular political interests geographic areas abate mundt indeed opinion today recognizes practical impact electoral system issue applies equally distinct minority whether racial ethnic economic political group ante constitutional standard gave special protection political groups identified racial characteristics inconsistent basic tenet equal protection clause groups less able pursue interests political arena groups defined characteristics said racial alliances unrelated political action electoral decision influenced racial consciousness opposed forms political consciousness inherently irrational political power racial ethnic group creates danger entrenched majority take action contrary group political interests mere fact number citizens share common ethnic racial religious background create need protection gerrymandering common interests strong enough manifested political action need arises thus characteristic group creates need protection political character cousins city council chicago stevens dissenting cert denied unrealistic distinguish racial groups political groups ground race irrelevant factor political process racial consciousness racial association desirable features political system look forward day race irrelevant factor political process opinion however goal best achieved eliminating vestiges discrimination motivate disadvantaged racial ethnic groups vote identifiable units whenever identifiable groups society disadvantaged share common political interests tend vote bloc respect racial groups like political groups permanent constitutional rule treated differently opinion tend perpetuate race feature distinct others trait makes persons different eyes law rule delay rather advance goal advocated justice douglas racial religious lines drawn state multiracial multireligious communities constitution seeks weld together one become separatist antagonisms relate race religion rather political issues generated communities seek best representative best racial religious partisan since system war democratic ideal find footing wright rockefeller dissenting opinion valid reasons concluding certain minority groups black voters burke county georgia given special protection political oppression dominant majority reasons justify application legislative policy choice rather constitutional principle confined special circumstances temporary period history suggestion political groups black leadership predominates need permanent constitutional shield tactics political opponents underestimates resourcefulness wisdom demonstrated capacity leaders accept constitutional holding respectfully dissent certain vestiges discrimination although clearly pressing problems facing black citizens today haunting reminder recent period nation history district found segregated laundromat operated within blocks county courthouse courthouse faded paint restroom doors entirely conceal words colored white see dowdell city apopka supp md brown board education much criticized opinion announcing judgment justice frankfurter wrote nothing clearer controversy concerns matters bring courts immediate active relations party contests determination issues traditionally held aloof hostile democratic system involve judiciary politics people less pernicious judicial intervention essentially political contest dressed abstract phrases law courts enter political thicket remedy unfairness districting secure state legislatures apportion properly invoke ample powers congress constitution many commands enforceable courts clearly fall outside conditions purposes circumscribe judicial action thus demand executive authority art iv state duty sister state deliver fugitive justice fulfilment duty judicially enforced kentucky dennison duty see laws faithfully executed brought legal compulsion mississippi johnson wall violation great guaranty republican form government challenged courts pacific telephone oregon constitution left performance many duties governmental scheme depend fidelity executive legislative action ultimately vigilance people exercising political rights districts ranged population persons stated nonjusticiability political question primarily function separation powers emphasized however lack satisfactory criteria judicial determination dominant consideration coleman miller whether foreign relations question justiciable turns part susceptibility judicial handling presence clearly definable criteria decision political question barrier falls away even private litigation directly implicates feature separation powers lack judicially discoverable standards drive application may impel reference political departments determination dates hostilities beginning ending luther borden distinguished part case involved lack criteria determine form government republican stated significance luther immediate purposes holding guaranty clause repository judicially manageable standards utilize independently order identify state lawful government concluding reapportionment question justiciable emphasized necessary enter upon policy determinations judicially manageable standards lacking simply stated judicial standards equal protection clause well developed familiar open courts since enactment fourteenth amendment determine particular facts must discrimination reflects policy simply arbitrary capricious action ibid harper virginia board elections concluded state violates equal protection clause fourteenth amendment whenever makes affluence voter payment fee electoral standard voter qualifications relation wealth paying paying tax introduce wealth payment fee measure voter qualifications introduce capricious irrelevant factor dissent justice black noted pointed decision extent based finding virginia law written applied used device mechanism deny negro citizens virginia right vote account color storer brown stated determining constitutionality eligibility requirements independent candidates inevitable question judgment reasonably diligent independent candidate expected satisfy signature requirements rarely unaffiliated candidate succeed getting ballot see mandel bradley stevens dissenting see also american party texas white dunn blumstein carrington rash kusper pontikes lubin panish bullock carter williams rhodes articulation applicable standard case somewhat puzzling case subject standard proof generally applicable equal protection clause cases ante later paragraph indicates special requirement showing discriminatory intent merely applies equal protection cases charging racial discrimination ibid seems imply plaintiffs equal protection cases charging racial discrimination must surmount special hurdle order prevail yet unequivocally stated racial classification regardless purported motivation presumptively invalid upheld upon extraordinary justification personnel administrator mass feeney words chancellor kent requirement districting recommended wisdom justice giving far possible local subdivisions people state due influence choice representatives leave aggregate minority people state though approaching perhaps majority wholly overpowered combined action numerical majority without voice whatever national councils kent commentaries american law ed see also mobile bolden marshall dissenting whitcomb chavis challenge multimember districts course quite different challenge value individual votes considered reynolds sims system entirely consistent rule developed case justice stewart noted mobile considering applicability reynolds cases followed cases established equal protection clause guarantees right voter vote weighted equally citizens recognized voter right equally effective voice election representatives impaired representation apportioned substantially population basis cases votes persons populous districts carry less weight persons smaller districts course claim one person one vote principle violated case city mobile unitary electoral district commission elections conducted large therefore obvious nobody vote diluted sense word used reynolds case plurality opinion see also stevens concurring judgment feature distinguishes burke county electoral system municipal commission form government popularized reformers shortly turn century known galveston plan des moines plan see infra features certain electoral schemes make difficult minority group elect favored candidate bloc voting occurs prohibitions cumulative incomplete voting involved case prohibitions cumulative partial voting generally inapplicable electoral schemes involving numbered posts evolution progressive solution municipal problems commission format variously known galveston plan texas idea des moines plan since galveston invented basic organization des moines popularized addition related reform techniques new type government probably best described galveston des moines plan popular new idea become towns reap advertising benefits forefront municipal innovation used commission plan consequently cities boasted system knowing full well charters little resemblance galveston certain essentials necessary city claim commission status benjamin dewitt early historian progressive movement explained every case however matter much charters may differ minor details certain fundamental features common fundamental features commission charters four authority responsibility centralized number men authority responsibility vested small men elected city large wards districts man head single department radical departure new scheme made combination legislative executive functions one body plan disregarded federal model separation powers sitting together commission typical council separately commissioner administered specific department basis original galveston charter provided plus commissioners finance revenue waterworks sewerage streets public property fire police later commission cities followed similar division responsibility rice progressive cities commission government movement america pp omitted noteworthy features apparently characterize many governmental units jurisdictions subjected strictures voting rights act result prior practices excluded black citizens electoral process see generally voting rights act unfulfilled goals report commission civil rights group right proportional representation see mobile bolden plurality opinion marshall dissenting representative democracy meaningful participation minority groups electoral process essential ensure representative bodies responsive entire electorate reason challenged electoral procedure may justified solely ground serves reduce ability minority group participate effectively electoral process record nevertheless indicate validity system need decided case apparent elimination majority runoff requirement numbered posts enable minority elect one two candidates county board consequence achieved without replacing system five districts words minority access political process effected invalidating specific rules impede access without changing basic structure local governmental unit see mobile bolden supra blackmun concurring result worth repeating statement professor ely noted justice marshall danger see somewhat different one enthusiasm motivation analysis seek export fields business therefore emphasized strongly analysis motivation appropriate claims improper discrimination distribution goods constitutionally gratuitous benefits people entitled matter substantive constitutional right cases covert employment principle selection constitutionally employed overtly equally unconstitutional however denied something complainant substantive constitutional right either granted terms constitution essential effective functioning democratic government reasons denied irrelevant may become important justifications counsel state articulate support denial reasons actually inspired denial never right something claim irrespective denied tragedy first order expand burgeoning awareness relevance motivation thoroughly mistaken notion denial constitutional right count unless intentional ely centrality limits motivation analysis san diego rev emphasis original footnotes omitted washington davis wrote frequently probative evidence intent objective evidence actually happened rather evidence describing subjective state mind actor normally actor presumed intended natural consequences deeds particularly true case governmental action frequently product compromise collective decisionmaking mixed motivation unrealistic one hand require victim alleged discrimination uncover actual subjective intent decisionmaker conversely invalidate otherwise legitimate action simply improper motive affected deliberation participant decisional process law conscripting clerics invalidated atheist voted concurring opinion see miller devil knows mind man possibly judges know motivation legislators san diego rev following table shows breakdown population districts plan selected district race voting age voting age black voting age white voting age district population population population see lodge buxton wright rockefeller group minority voters new york city challenged districting scheme placed minority voters one four districts sought even distribution minority groups among four congressional districts congressman adam clayton powell intervened lawsuit argued strenuously kind districts appellants contended undesirable based race place origin unconstitutional ibid professor karst strongly criticized motivational analysis ground inadequate protect black citizens unconstitutional conduct ven though proof center effects officials done ultimate issue posed terms goodness evil officials hearts courts long regarded inquiries unseemly legislative investigation cases attest principal concern tender judicial sensitivities may bruised judge reluctance challenge purity officials motives may cause fail recognize valid claims racial discrimination even motives governmental action highly suspect individual behavior results interaction multitude motives racial attitudes often operate margin consciousness given case almost certainly opportunity governmental official argue action prompted racially neutral considerations argument made expect judge give official benefit moral doubt governmental action product group decision tendency toward generosity heightened karst costs inquiry san diego rev omitted reject examination subjective intent rule reasons legislative action irrelevant opinion customary indicia legislative intent provide adequate basis ascertaining purpose law intended achieve formal proceedings legislature committees effect measure evidenced text historical setting enacted public acts deeds sponsors opponents provide appropriate evidence legislative purpose cousins city council chicago stevens dissenting cert denied challenged law disadvantages minority citizens justifications evidenced customary indicia legislative intent insufficient persuade neutral observer law enacted legitimate nondiscriminatory reasons opinion invalid appeals noted general election laws many jurisdictions originally adopted time blacks receive franchise one disputes laws adopted achieve end exclusion black voting status quo election laws though adopted shortly enactment fifteenth amendment old whatever evidence discriminatory intent may existed long since disappeared case falls within category focus becomes existence discriminatory purpose maintenance system apart lack state action purpose secret ballot protect individual right cast vote without explaining anyone reason vote cast stereotypical reaction particular characteristics disfavored group justify discriminatory legislation see mathews lucas stevens dissenting nevertheless important remember first amendment protects individual right entertain unsound unpopular beliefs including stereotypical beliefs classes persons expound beliefs publicly vast difference rejecting irrational belief justification discriminatory legislation concluding neutral legislation invalid motivated irrational belief fresh air open discussion better cures vicious prejudice secrecy dissembling matter firmly might disagree legislator motivation casting biased vote must respect right form opinions cf young american mini theatres opinion stevens also prefer candid explanation opinions silence see jewish organization carey see cousins city council chicago cert denied see white regester see rice supra term gerrymander arose election district took shape salamander formed massachusetts governor elbridge gerry jeffersonian party phrase coined gerry opponents federalists see congressional quarterly see since understand opinion rely rationale put entire subject one side rationale holding however need inquire subjective intent address statutory question whether system violates voting rights act neither district appeals considered issue since appellees granted full relief express opinion statutory claims