shaw reno argued april decided june comply voting rights act prohibits covered jurisdiction implementing changes standard practice procedure respect voting without federal authorization north carolina submitted attorney general congressional reapportionment plan one district attorney general objected plan ground second district created give effect minority voting strength state southeastern region state revised plan contained second district region new district stretches approximately miles along interstate much length wider corridor appellants five north carolina residents filed action appellee state federal officials claiming state created unconstitutional racial gerrymander violation among things fourteenth amendment alleged two districts concentrated majority black voters arbitrarily without regard considerations compactness contiguousness geographical boundaries political subdivisions order create congressional districts along racial lines assure election two black representatives district held lacked subject matter jurisdiction federal appellees also dismissed complaint state appellees finding among things jewish organizations williamsburgh carey ujo appellants failed state equal protection claim favoring minority voters discriminatory constitutional sense plan lead proportional underrepresentation white voters statewide held appellants stated claim equal protection clause alleging reapportionment scheme irrational face understood effort segregate voters separate districts basis race separation lacks sufficient justification pp district properly dismissed claims federal appellees appellants racial gerrymandering claims must examined backdrop country long history racial discrimination voting pp classifications citizens based solely race nature odious free people whose institutions founded upon doctrine equality threaten stigmatize persons reason membership racial group incite racial hostility thus state legislation expressly distinguishes among citizens account race whether contains explicit distinction unexplainable grounds race arlington heights metropolitan housing development must narrowly tailored compelling governmental interest see wygant jackson bd plurality opinion redistricting legislation alleged bizarre face unexplainable grounds race demands close scrutiny regardless motivations underlying adoption see gomillion lightfoot may difficult determine face districting plan makes distinction mean racial gerrymander established receive less scrutiny legislation classifying citizens race perpetuating stereotypical notions members racial group think alike share political interests prefer candidates racial gerrymander may exacerbate patterns racial bloc voting districting sometimes said counteract also sends elected representatives message primary obligation represent group members rather constituency whole since holding makes unnecessary decide whether reapportionment plan face explained nonracial terms successfully challenged expresses view whether intentional creation districts without always gives rise equal protection claim pp classification citizens race threatens special harms present cases thus warrants analysis different used assessing validity multimember gerrymandering schemes addition nothing decisions compels conclusion racial political gerrymanders subject constitutional scrutiny fact country long persistent history racial discrimination voting fourteenth amendment jurisprudence seem compel opposite conclusion support argument racial gerrymandering poses constitutional difficulties lines drawn favor minority since equal protection analysis dependent race burdened benefited particular classification richmond croson plurality opinion finally highly fractured decision ujo foreclose claim recognized analytically distinct claim made pp remand allegations racial gerrymander contradicted district must determine whether plan narrowly tailored compelling governmental interest covered jurisdiction interest creating districts order comply nonretrogression rule voting rights act give carte blanche engage racial gerrymandering parties arguments whether plan necessary avoid dilution black voting strength violation act whether state interpretation unconstitutional developed issues remain open consideration remand also unnecessary decide stage litigation whether plan advances state interest distinct act eradicating effects past racial discrimination although state argues strong basis concluding remedial action warranted three justices ujo prepared say significant interest minimizing consequences racial bloc voting apart act requirements without regard sound districting principles pp expresses view whether appellants successfully challenged district suggested attorney general whether complaint stated claim constitutional provisions delivered opinion rehnquist scalia kennedy thomas joined white filed dissenting opinion blackmun stevens joined post blackmun post stevens post souter post filed dissenting opinions robinson everett argued cause appellants briefs jeffrey parsons jefferson powell argued cause state appellees briefs michael easley attorney general north carolina edwin speas senior deputy attorney general norma harrell tiare smiley special deputy attorneys general edwin kneedler argued cause federal appellees brief acting solicitor general bryson acting assistant attorney general turner thomas hungar jessica dunsay silver briefs amici curiae urging reversal filed american jewish congress marc stern lois waldman republican national committee benjamin ginsberg michael hess washington legal foundation et al daniel popeo richard samp briefs amici curiae urging affirmance filed democratic national committee et al wayne arden jeffrey wice lawyers committee civil rights law et al herbert wachtell william brown iii thomas henderson frank parker brenda wright nicholas deb katzenbach michael cole alan kraus laughlin mcdonald kathy wilde richard larson dennis courtland hayes naacp legal defense educational fund elaine jones charles stephen ralston dayna cunningham bolley johnson et al donald berrilli scott sinder kevin crowley james peters justice delivered opinion case involves two complex sensitive issues faced recent years meaning constitutional right vote propriety state legislation designed benefit members historically disadvantaged racial minority groups result census north carolina became entitled seat house representatives general assembly enacted reapportionment plan included one congressional district attorney general objected plan pursuant voting rights act stat amended general assembly passed new legislation creating second district appellants allege revised plan contains district boundary lines dramatically irregular shape constitutes unconstitutional racial gerrymander question us whether appellants stated cognizable claim voting age population north carolina approximately white black native american remaining predominantly asian app brief federal appellees black population relatively dispersed blacks constitute majority general population state counties brief appellants geographically state divides three regions eastern coastal plain central piedmont plateau western mountains lefler newsom history southern state north carolina ed largest concentrations black citizens live coastal plain primarily northern part gade stillwell north carolina people environments general assembly first redistricting plan contained one district centered area state forty north carolina one hundred counties covered voting rights act prohibits jurisdiction subject provisions implementing changes standard practice procedure respect voting without federal authorization ibid jurisdiction must obtain either judgment district district columbia declaring proposed change purpose effect denying abridging right vote account race color administrative preclearance attorney general ibid general assembly reapportionment plan affected covered counties parties agree applied tr oral arg state chose submit plan attorney general preclearance attorney general acting assistant attorney general civil rights division interposed formal objection general assembly plan attorney general specifically objected configuration boundary lines drawn southeastern region state attorney general view general assembly created second district give effect black native american voting strength area using boundary lines irregular found elsewhere proposed plan failed pretextual reasons see app brief federal appellees state remained free seek declaratory judgment district district columbia notwithstanding attorney general objection instead general assembly enacted revised redistricting plan extra ch included second district general assembly located second district southeastern part state region along interstate see appendix infra first two districts contained revised plan district somewhat hook shaped centered northeast portion state moves southward tapers narrow band extensions reaches far part state near south carolina border district compared rorschach inkblot test shaw barr ednc voorhees concurring part dissenting part bug splattered windshield wall street journal second district district even unusually shaped approximately miles long much length wider corridor winds snake like fashion tobacco country financial centers manufacturing areas gobbles enough enclaves black neighborhoods voorhees concurring part dissenting part northbound southbound drivers sometimes find separate districts one county trade districts enter next county counties district passes cut different districts even towns divided one point district remains contiguous intersects single point two districts crossing see brief republican national committee amicus curiae one state legislator remarked drove interstate car doors open kill people district washington post apr district even inspired poetry ask line drawn drawn avoid thee grofman vince lombardi right said comes redistricting race everything thing cardozo internal quotation marks omitted attorney general object general assembly revised plan numerous north carolinians north carolina republican party individual voters brought suit federal district alleging plan constituted unconstitutional political gerrymander davis bandemer claim dismissed see pope blue wdnc summarily affirmed shortly complaint pope blue filed appellants instituted present action district eastern district north carolina appellants alleged revised plan constituted political gerrymander violated one person one vote principle see reynolds sims state created unconstitutional racial gerrymander appellants five residents durham county north carolina registered vote county general assembly plan two vote congressional representatives district three vote neighboring district appellants sued governor north carolina lieutenant governor secretary state speaker north carolina house representatives members north carolina state board elections state appellees together two federal officials attorney general assistant attorney general civil rights division federal appellees appellants contended general assembly revised reapportionment plan violated several provisions constitution including fourteenth amendment alleged general assembly deliberately create two congressional districts majority black voters concentrated arbitrarily without regard considerations compactness contiguousness geographical boundaries political subdivisions purpose create congressional districts along racial lines assure election two black representatives congress app juris statement appellants sought declaratory injunctive relief state appellees sought similar relief federal appellees arguing alternatively federal appellees misconstrued voting rights act act unconstitutional district granted federal appellees motion dismiss ednc agreed unanimously lacked subject matter jurisdiction reason voting rights act vests district district columbia exclusive jurisdiction issue injunctions execution act enjoin actions taken federal officers pursuant thereto voorhees concurring relevant part two judges also concluded extent appellants challenged attorney general preclearance decisions claim foreclosed holding morris gressette vote district also dismissed complaint state appellees majority found support appellants contentions districting prohibited article article constitution privileges immunities clause fourteenth amendment deemed appellants claim fifteenth amendment essentially subsumed within related claim equal protection clause claim majority concluded barred jewish organizations williamsburgh carey ujo majority first took judicial notice fact omitted appellants complaint appellants white rejected argument redistricting benefit minority voters per se unconstitutional majority also rejected appellants claim north carolina reapportionment plan impermissible majority read ujo stand proposition redistricting scheme violates white voters rights adopted purpose effect discriminating white voters account race purposes favoring minority voters complying voting rights act discriminatory constitutional sense reasoned districts impermissibly discriminatory effect unfairly dilute cancel white voting strength state purpose comply voting rights act general assembly plan lead proportional underrepresentation white voters statewide majority concluded appellants failed state equal protection claim chief judge voorhees agreed redistricting per se unconstitutional dissented rest majority equal protection analysis read justice white opinion ujo authorize reapportionment state employs traditional districting principles compactness contiguity opinion concurring part dissenting part north carolina failure respect principles judge voorhees view augur ed constitutionally suspect potentially unlawful intent sufficient defeat state appellees motion dismiss noted probable jurisdiction ii right vote freely candidate one choice essence democratic society reynolds sims much nation history right sadly denied many race fifteenth amendment ratified bloody civil war promised unequivocally right citizens vote longer denied abridged state account race color previous condition servitude amdt alabama exercise geometry one example racial discrimination voting persisted parts country nearly century ratification fifteenth amendment see south carolina katzenbach registration eligible black voters ran behind whites congress enacted voting rights act dramatic severe response situation act proved immediately successful ensuring racial minorities access voting booth early spread black white registration several targeted southern fallen well thernstrom whose votes count affirmative action minority voting rights soon became apparent guaranteeing equal access polls suffice root racially discriminatory voting practices drawing one person one vote principle recognized right vote affected dilution voting power well absolute prohibition casting ballot allen state bd elections emphasis added members racial minority group vote cohesive unit practices multimember electoral systems reduce nullify minority voters ability group elect candidate choice ibid accordingly held schemes violate fourteenth amendment adopted discriminatory purpose effect diluting minority voting strength see rogers lodge white regester congress responded problem vote dilution amended voting rights act prohibit legislation results dilution minority group voting strength regardless legislature intent see thornburg gingles applying amended claim involving multimember districts see also voinovich quilter districts background confront questions presented view district properly dismissed appellants claims federal appellees focus appellants claim state engaged unconstitutional racial gerrymandering argument strikes powerful historical chord unsettling closely north carolina plan resembles egregious racial gerrymanders past understanding nature appellants claim critical resolution case complaint appellants claim general assembly reapportionment plan unconstitutionally diluted white voting strength even claim white rather appellants complaint alleged deliberate segregation voters separate districts basis race violated constitutional right participate electoral process complaint app juris statement see also brief appellants despite invocation ideal constitution see plessy ferguson harlan dissenting appellants appear concede redistricting always unconstitutional see tr oral arg concession wise never held state decisionmaking impermissible circumstances appellants object redistricting legislation extremely irregular face rationally viewed effort segregate races purposes voting without regard traditional districting principles without sufficiently compelling justification reasons follow conclude appellants stated claim upon relief granted equal protection clause see iii equal protection clause provides state shall deny person within jurisdiction equal protection laws amdt central purpose prevent purposefully discriminating individuals basis race washington davis laws explicitly distinguish individuals racial grounds fall within core prohibition inquiry legislative purpose necessary racial classification appears face statute see personnel administrator mass feeney accord washington seattle school dist express racial classifications immediately suspect bsent searching judicial inquiry simply way determining classifications benign remedial classifications fact motivated illegitimate notions racial inferiority simple racial politics richmond croson plurality opinion scalia concurring judgment see also ujo brennan concurring part purportedly preferential race assignment may fact disguise policy perpetuates disadvantageous treatment plan supposed beneficiaries classifications citizens solely basis race nature odious free people whose institutions founded upon doctrine equality hirabayashi accord loving virginia threaten stigmatize individuals reason membership racial group incite racial hostility croson supra plurality opinion ujo supra brennan concurring part ven pursuit remedial objectives explicit policy assignment race may serve stimulate society latent race consciousness suggesting utility propriety basing decisions factor ideally bear relationship individual worth needs accordingly held fourteenth amendment requires state legislation expressly distinguishes among citizens race narrowly tailored compelling governmental interest see wygant jackson bd plurality opinion concurring part concurring judgment principles apply legislation contains explicit racial distinctions also rare statutes although race neutral face unexplainable grounds race arlington heights metropolitan housing development explained feeney racial classification regardless purported motivation presumptively invalid upheld upon extraordinary justification brown board education mclaughlin florida rule applies well classification ostensibly neutral obvious pretext racial discrimination yick wo hopkins guinn cf lane wilson gomillion lightfoot appellants contend redistricting legislation bizarre face unexplainable grounds race arlington heights supra demands close scrutiny give state laws classify citizens race voting rights precedents support conclusion guinn invalidated fifteenth amendment statute imposed literacy requirement voters contained grandfather clause applicable individuals lineal descendants entitled vote prior january internal quotation marks omitted determinative consideration law though ostensibly race neutral face embod ied exercise judgment rest ed upon discernible reason circumvent prohibitions fifteenth amendment words statute invalid face explained grounds race applied reasoning uncouth municipal boundary line issue gomillion although statute redrew city limits tuskegee race neutral face plaintiffs alleged effect impermissibly remove city virtually black voters white voters reasoned allegations upon trial remained uncontradicted unqualified conclusion irresistible tantamount practical purposes mathematical demonstration legislation solely concerned segregating white colored voters fencing negro citizens town deprive preexisting municipal vote extended reasoning gomillion congressional districting wright rockefeller issue wright four districts contained new york apportionment statute plaintiffs alleged statute excluded nonwhites one district concentrated three every member assumed plaintiffs allegation statute segregate eligible voters race place origin stated constitutional claim internal quotation marks omitted harlan concurring douglas dissenting justices disagreed whether plaintiffs carried burden proof trial dissenters thought unusual shape district lines explained racial terms majority however accepted district finding plaintiffs failed establish districts fact drawn racial lines although boundary lines somewhat irregular majority reasoned bizarre permit conclusion indeed nonwhite voters lived together one area difficult construct voting districts without concentrations nonwhite voters wright illustrates difficulty determining face districting plan purposefully distinguishes voters basis race reapportionment statute typically classify persons classifies tracts land addresses moreover redistricting differs kinds state decisionmaking legislature always aware race draws district lines aware age economic status religious political persuasion variety demographic factors sort race consciousness lead inevitably impermissible race discrimination wright demonstrates members racial group live together one community reapportionment plan concentrates members group one district excludes others may reflect wholly legitimate purposes district lines may drawn example provide compact districts contiguous territory maintain integrity political subdivisions see reynolds recognizing legitimate state interests difficulty proof course mean racial gerrymander established receive less scrutiny equal protection clause state legislation classifying citizens race moreover seems clear us proof sometimes difficult exceptional cases reapportionment plan may highly irregular face rationally understood anything effort segregat voters basis race gomillion supra gomillion tortured municipal boundary line drawn exclude black voters case case state concentrated dispersed minority population single district disregarding traditional districting principles compactness contiguity respect political subdivisions emphasize criteria important constitutionally required cf gaffney cummings objective factors may serve defeat claim district gerrymandered racial lines cf karcher daggett stevens concurring one need use justice stewart classic definition obscenity know see ultimate standard judging constitutionality gerrymander recognize dramatically irregular shapes may sufficient probative force call explanation footnotes omitted put differently believe reapportionment one area appearances matter reapportionment plan includes one district individuals belong race otherwise widely separated geographical political boundaries may little common one another color skin bears uncomfortable resemblance political apartheid reinforces perception members racial group regardless age education economic status community live think alike share political interests prefer candidates polls rejected perceptions elsewhere impermissible racial stereotypes see holland illinois prosecutor assumption black juror may presumed partial simply black violates equal protection clause internal quotation marks omitted see also edmonson leesville concrete society continue progress multiracial democracy must recognize automatic invocation race stereotypes retards progress causes continued hurt injury perpetuating notions racial gerrymander may exacerbate patterns racial bloc voting districting sometimes said counteract message districting sends elected representatives equally pernicious district obviously created solely effectuate perceived common interests one racial group elected officials likely believe primary obligation represent members group rather constituency whole altogether antithetical system representative democracy justice douglas explained dissent wright rockefeller nearly years ago individual important race creed color principle equality war notion district must represented negro notion district must represented caucasian district jew district catholic system whatever name called divisive force community emphasizing differences candidates voters irrelevant constitutional sense 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 dissenting opinion dissenters consider circumstances case functionally indistinguishable multimember districting voting systems loosely described varieties gerrymandering post white dissenting see also post souter dissenting considered constitutionality practices fourteenth amendment cases required plaintiffs demonstrate challenged practice purpose effect diluting racial group voting strength see rogers lodge system mobile bolden white regester multimember districts whitcomb chavis see also supra multimember schemes however classify voters basis race classifying citizens race said threatens special harms present cases therefore warrants different analysis justice souter apparently believes racial gerrymandering harmless unless dilutes racial group voting strength see post dissenting opinion explained however reapportionment legislation understood anything effort classify separate voters race injures voters ways reinforces racial stereotypes threatens undermine system representative democracy signaling elected officials represent particular racial group rather constituency whole see supra justice souter adequately explain harms cognizable fourteenth amendment dissenters make two arguments reconciled precedents first suggest racial gerrymander sort alleged functionally equivalent gerrymanders nonracial purposes political gerrymanders see post opinion stevens see also post opinion white held political gerrymanders justiciable equal protection clause see davis bandemer nothing case law compels conclusion racial political gerrymanders subject precisely constitutional scrutiny fact country long persistent history racial discrimination voting well fourteenth amendment jurisprudence always reserved strictest scrutiny discrimination basis race see supra seem compel opposite conclusion second justice stevens argues racial gerrymandering poses constitutional difficulties district lines drawn favor minority rather majority see post dissenting opinion made clear however equal protection analysis dependent race burdened benefited particular classification croson plurality opinion see also scalia concurring judgment accord wygant plurality opinion indeed racial classifications receive close scrutiny even may said burden benefit races equally see powers ohio axiomatic racial classifications become legitimate assumption persons suffer equal degree finally nothing highly fractured decision ujo district almost exclusively relied dissenters evidently believe controls see post opinion white post opinion souter forecloses claim recognize today ujo concerned new york revision reapportionment plan include additional districts response attorney general denial administrative preclearance regard closely resembles present case cases critically different another way plaintiffs ujo members hasidic community split two districts new york revised redistricting plan allege plan face highly irregular rationally understood effort segregate voters race indeed facts case supported claim three justices approved new york statute part precisely adhered traditional districting principles think permissible state employing sound districting principles compactness population equality attempt prevent racial minorities repeatedly outvoted creating districts afford fair representation members racial groups sufficiently numerous whose residential patterns afford opportunity creating districts majority opinion white joined stevens rehnquist jj emphasis added district relied portions ujo reject appellants claim see view used wrong analysis ujo framework simply apply reapportionment plan alleged irrational face immediately offends principles racial equality ujo set forth standard white voters establish unconstitutional vote dilution purport overrule gomillion wright nothing decision precludes white voters voters race bringing analytically distinct claim reapportionment plan rationally understood anything effort segregate citizens separate voting districts basis race without sufficient justification appellants stated claim district erred dismissing complaint iv justice souter contends exacting scrutiny racial gerrymanders fourteenth amendment inappropriate reapportionment nearly always require consideration race legitimate reasons post dissenting opinion long members racial groups commonality interest racial bloc voting takes place argues legislators take race account order comply voting rights act justice souter reasoning flawed earlier term unanimously reaffirmed racial bloc voting political cohesion never assumed specifically must proved case order establish redistricting plan dilutes minority voting strength violation see growe emison unless points established neither wrong remedy racial bloc voting minority political cohesion may found exist cases course reason treat racial gerrymanders differently kinds racial classification justice souter apparently views racial gerrymandering type presented special category benign racial discrimination subject relaxed judicial review cf post dissenting opinion said however reason equal protection clause demands strict scrutiny racial classifications without determine whether discrimination truly benign see supra thus appellants allegations racial gerrymander contradicted remand district must determine whether general assembly reapportionment plan satisfies strict scrutiny therefore consider level scrutiny requires reapportionment context state appellees suggest covered jurisdiction may compelling interest creating districts order comply voting rights act certainly strong interest complying federal antidiscrimination laws constitutionally valid interpreted applied context fourteenth amendment challenge courts must bear mind difference law permits requires example remand north carolina might claim adopted revised plan order comply nonretrogression principle principle proposed voting change precleared lead retrogression position racial minorities respect effective exercise electoral franchise beer beer held reapportionment plan created one district none existed passed muster improved position racial minorities see also richmond annexation reduces percentage blacks population satisfies districts fairly reflect current black voting strength although concluded redistricting scheme issue beer nonretrogressive hold plan reason immune constitutional challenge expressly declined reach question see indeed voting rights act case law make clear reapportionment plan satisfies still may enjoined unconstitutional see neither declaratory judgment district district columbia preclearance attorney general shall bar subsequent action enjoin enforcement new voting practice allen preclearance private parties may enjoin enforcement new enactment traditional suits attacking constitutionality thus read beer cases give covered jurisdictions carte blanche engage racial gerrymandering name nonretrogression reapportionment plan narrowly tailored goal avoiding retrogression state went beyond reasonably necessary avoid retrogression conclusion supported plurality opinion ujo four justices determined new york creation additional districts constitutional plaintiffs failed demonstrate state attorney general authorized require nonretrogression principle beer opinion white joined brennan blackmun stevens jj emphasis added us state appellees contend general assembly revised plan necessary prevent retrogression avoid dilution black voting strength violation construed thornburg gingles gingles considered multimember redistricting plan north carolina state legislature held members racial minority group claiming vote dilution use multimember districts must prove three threshold conditions minority group sufficiently large geographically compact constitute majority district minority group politically cohesive white majority votes sufficiently bloc enable usually defeat minority preferred candidate indicated similar preconditions apply challenges districts see voinovich quilter growe emison appellants maintain general assembly revised plan required contend state black population dispersed support two geographically compact districts bizarre shape district demonstrates evidence black political cohesion also contend recent black electoral successes demonstrate willingness white voters north carolina vote black candidates appellants point blacks currently hold positions state auditor speaker north carolina house representatives chair north carolina state board elections also point black candidate defeated white opponent democratic party run senate seat defeated narrowly republican incumbent general election appellants argue require adoption north carolina revised plan extent unconstitutional arguments developed issues remain open consideration remand state appellees alternatively argue general assembly plan advanced compelling interest entirely distinct voting rights act previously recognized significant state interest eradicating effects past racial discrimination see croson opinion joined rehnquist white kennedy concurring part concurring judgment wygant plurality opinion concurring part concurring judgment state must strong basis evidence concluding remedial action necessary croson supra quoting wygant supra plurality opinion state appellees submit two pieces evidence gave general assembly strong basis believing remedial action warranted attorney general imposition preclearance requirement north carolina counties gingles district findings long history official racial discrimination north carolina political system pervasive racial bloc voting state appellees assert deliberate creation districts precise way indeed effective way overcome effects racially polarized voting question also need decided stage litigation note however three justices ujo prepared say significant interest minimizing consequences racial bloc voting apart requirements voting rights act three justices specifically concluded districting response racially polarized voting constitutionally permissible state employ sound districting principles affected racial group residential patterns afford opportunity creating districts majority opinion white joined stevens rehnquist racial classifications sort pose risk lasting harm society reinforce belief held many much history individuals judged color skin racial classifications respect voting carry particular dangers racial gerrymandering even remedial purposes may balkanize us competing racial factions threatens carry us goal political system race longer matters goal fourteenth fifteenth amendments embody nation continues aspire reasons districting state legislatures demands close judicial scrutiny case attorney general suggested north carolina created reasonably compact second district southeastern part state express view whether appellants successfully challenged district fourteenth amendment also decide whether appellants complaint stated claim constitutional provisions fourteenth amendment today hold appellants stated claim equal protection clause alleging north carolina general assembly adopted reapportionment scheme irrational face understood effort segregate voters separate voting districts race separation lacks sufficient justification allegation racial gerrymandering remains uncontradicted district must determine whether north carolina plan narrowly tailored compelling governmental interest accordingly reverse judgment district remand case proceedings consistent opinion ordered justice white justice blackmun justice stevens join dissenting facts case mirror presented jewish organizations williamsburgh carey ujo rejected claim creation district violated constitution either per se matter light circumstances leading creation district particular relevance five justices reasoned members white majority plausibly argue influence political process unfairly canceled see opinion white joined rehnquist stevens jj state intent see stewart powell concurring judgment accordingly held plaintiffs entitled relief constitution equal protection clause reasoning affirm district dismissal appellants claim instance today chooses overrule rather sidestep ujo glossing striking similarities focusing surface differences notably admittedly unusual shape newly created district imagining entirely new cause action holding limited anomalous circumstances ante perhaps substantially hamper state legitimate efforts redistrict favor racial minorities nonetheless notion north carolina plan whites remain voting majority disproportionate number congressional districts pursuant state sent first black representatives since reconstruction congress might violated appellants constitutional rights fiction departure settled equal protection principles seeing good reason engage either dissent grounds disagreement majority simply stated appellants presented cognizable claim alleged cognizable injury date held two types state voting practices give rise constitutional claim first involves direct outright deprivation right vote example means poll tax literacy test see guinn plainly variety implicated appellants allegations need detain us second type unconstitutional practice affects political strength various groups mobile bolden stevens concurring judgment violation equal protection clause latter category insisted members political racial group demonstrate challenged action intent effect unduly diminishing influence political process although severe burden limited number successful suits adopted sound reasons central explanation nature redistricting process majority recognizes redistricting differs kinds state decisionmaking legislature always aware race draws district lines aware age economic status religious political persuasion variety demographic factors ante emphasis original aware context shorthand taking account hardly doubted legislators routinely engage business making electoral predictions based group characteristics racial ethnic like ike race racial composition geographic area fact life well known responsible drawing electoral district lines lawmakers quite aware districts create white black majority new district comes unavoidable choice racial composition district beer white dissenting redistricting plans also reflect group interests inevitably conceived partisan aims mind allow judicial interference whenever occurs invite constant unmanageable intrusion moreover group power affect political process automatically dissipate virtue electoral loss accordingly asked identifiable group demonstrate mere lack success polls make successful gerrymandering claim see white regester whitcomb chavis considerations mind limited claims insisting upon showing political processes equally open participation group question members less opportunity residents district participate political processes elect legislators choice white regester supra indeed brief survey decisions illustrates gerrymandering cases carry theme mere suffering polls discrimination polity constitution concerned whitcomb chavis searched vain evidence black voters less opportunity residents participate political processes elect legislators choice generally remarked mere fact one interest group another concerned outcome district elections found outvoted without legislative seats provides basis invoking constitutional remedies indication segment population denied access political system summed views matter plurality opinion davis bandemer districting inevitably expression interest group politics power influence political process limited winning elections question gerrymandering cases whether particular group unconstitutionally denied chance effectively influence political process thus equal protection violation may found electoral system substantially disadvantages certain voters opportunity influence political process effectively emphasis added meant group must exhibit strong indicia lack political power denial fair representation said essentially shut political process short even assuming racial political factors considered drawing district boundaries showing discriminatory effects threshold requirement absence equal protection violation need reach question state interests served particular districts distinguish claim alleges redistricting scheme discriminatory intent effect one nothing dividing racial classifications benign malicious enterprise majority notes treated skepticism see ante rather issue whether classification based race discriminates anyone denying equal access political process even members least inclined approve remedial measures acknowledged significance factor see fullilove klutznick stewart dissenting person ujo deprived electoral franchise regents univ cal bakke powell jewish organizations properly viewed case remedy administrative finding discrimination encompassed measures improve previously disadvantaged group ability participate without excluding individuals belonging group enjoyment relevant opportunity meaningful participation electoral process emphasis added compelling evidence position prior day directly point ujo characterizes decision highly fractured ante detract attention rejection majority ujo claim state intentional creation districts transgressed constitutional norms stated five justices view absent contention proposed plan adopted intent effect unduly minimizing white majority voting strength fourteenth amendment implicated writing three members justified conclusion follows true new york deliberately increased nonwhite majorities certain districts order enhance opportunity election nonwhite representatives districts nevertheless fencing white population participation political processes county plan minimize unfairly cancel white voting strength opinion white petitioners made showing racial criterion used basis denying right vote contravention fifteenth amendment see gomillion lightfoot made showing redistricting scheme employed part contrivance segregate minimize cancel voting strength minority class interest otherwise impair burden opportunity affected persons participate political process opinion concurring judgment see citations omitted light background strains credulity suggest north carolina purpose creating second district discriminate members majority group impair ing burden ing opportunity participate political process stewart concurring judgment state made mystery intent respond attorney general objections see brief state appellees improving minority group prospects electing candidate choice doubt constitutes discriminatory purpose defined equal protection cases intent aggravate unequal distribution electoral power post stevens dissenting even assuming question appellants alleged requisite discriminatory effects whites constitute roughly total population voting age population north carolina yet state plan still constitute voting majority congressional districts though might dissatisfied prospect casting vote losing candidate lot shared many including disproportionate number minority voters surely complain discriminatory treatment ii majority attempts distinguish ujo imagining heretofore unknown type constitutional claim words ujo set forth standard white voters establish unconstitutional vote dilution nothing decision precludes white voters voters race bringing analytically distinct claim reapportionment plan rationally understood anything effort segregate citizens separate voting districts basis race without sufficient justification ante support distinction ujo authority cases relied either importantly majority submission withstand analysis logic theory appears redistricting segregates drawing lines qualitatively different redistricting affects groups way distinction without foundation essence majority argument ujo dealt claim vote dilution required specific showing harm cases gomillion lightfoot wright rockefeller dealt claims racial segregation read decisions quite differently petitioners claim ujo state violated fourteenth fifteenth amendments deliberately revising reapportionment plan along racial lines plurality opinion emphasis added also stated argument history area demonstrates fact reason race divide community time quoting brief petitioners emphasis original ever doubt state deliberately used race purposeful manner words analytically distinct claim majority discovers today plain view carry day petitioners fact demonstration discriminatory effect required case function kind claim made function type injury upon insisted gomillion consistent view begin reliance case font novel type claim curious justice frankfurter characterized complaint alleging deprivation right vote violation fifteenth amendment see regardless whether description accurate see ante seriously deflates precedential value majority seeks ascribe gomillion see case stand proposition intentional creation districts without gives rise equal protection challenge fourteenth amendment even recast fourteenth amendment case gomillion assist majority focus alleged effect city action exclude black voters municipality tuskegee noted inevitable effect redefinition tuskegee boundaries deprive negro petitioners discriminatorily benefits residence tuskegee even justice whittaker concurrence appears premised notion black citizens fenc ed municipal benefits subsequent decisions similarly interpreted gomillion turning unconstitutional effect legislation see palmer thompson gomillion short group formed majority state level purportedly set manipulate city boundaries order remove members minority thereby denying valuable municipal services analogous purpose effect alleged case case invoked majority wright rockefeller supra wright involved challenge legislative plan created four districts districts whites constituted respectively population population eighteenth district classified nonwhite puerto rican see wright rockefeller sdny murphy dissenting plaintiffs alleged plan drawn intent segregate voters basis race violation fourteenth fifteenth amendments affirmed district dismissal complaint ground plaintiffs met burden proving discriminatory intent see fail see decision based failure establish discriminatory intent support inference unnecessary prove discriminatory effect wright relevant extent illustrates proposition problem complaint stating plan carved districts basis race certain circumstances state claim fourteenth amendment end however must allegation discriminatory purpose effect constitutionality redistricting plan depends twin elements wright example facts might supported contention districts intended fact shield district minority influence pack black puerto rican voters thereby invidiously minimizing voting strength words purposeful creation district discriminatory effect achieved means packing concentration minority voters present case facts sustain allegation lacking support precedents majority novel type claim also makes sense understand theory put forth redistricting plan uses race segregate voters drawing uncouth lines harmful way plan uses race distribute voters differently former bears uncomfortable resemblance political apartheid see ante distinction untenable racial gerrymanders come various shades voting schemes see white regester fragmentation minority group among various districts majority none voinovich quilter otherwise known cracking cf connor finch stacking large minority population concentration larger white population parker racial gerrymandering legislative reapportionment minority vote dilution davidson ed finally concentration minority voters districts constitute excessive majority thornburg gingles also called packing voinovich supra instance race consciously utilized legislature electoral purposes instance put plaintiff challenging district lines burden demonstrating plan meant fact exclude identifiable racial group participation political process apparently districting segregates drawing lines case told proof longer needed instead state must rebut allegation race taken account fact together legislators consideration ethnic religious group characteristics thought practically took granted see supra part explanation majority approach perhaps emotions stirred words segregation political apartheid loose imprecise use today majority fear led astray see supra consideration race segregation cases different districting standpoint affected groups moreover linedrawings act similar fashion plan segregates functionally indistinguishable varieties gerrymandering consistent require claimant proof discriminatory purpose effect part majority explanation holding related simultaneous discomfort fascination irregularly shaped districts lack compactness contiguity like uncouth district lines certainly helpful indicator form gerrymandering racial might taken place something may amiss karcher daggett stevens concurring cf connor supra disregard geographic divisions compactness often goes hand hand partisan gerrymandering see karcher supra white dissenting wells rockefeller white dissenting district irregularities may provide strong indicia potential gerrymander particular bearing whether plan ultimately found violate constitution given two districts drawn similar grounds one become injurious simply virtue snake like least far constitution concerned absent evidence differential racial impact majority contrary view perplexing light concession compactness attractiveness never held constitute independent federal constitutional requirement state legislative districts gaffney see ante shortsighted well regularly shaped district effectively effectuate racially discriminatory gerrymandering one focusing looks rather impact majority immediately casts attention wrong direction toward superficialities shape size rather toward political realities district composition dixon democratic representation reapportionment law politics limited terms cases involving unusually shaped districts approach nonetheless unnecessarily hinder extent state voluntary effort ensure modicum minority representation true areas minority population geographically dispersed also true minority population scattered reasons unrelated race example incumbency protection state rather create district obvious location case creation district unfairly minimize voting power group constitution justify much less mandate obstruction said much gaffney ourts constitutional warrant invalidate state plan otherwise within tolerable population limits undertakes minimize eliminate political strength group party recognize districting provide rough sort proportional representation legislative halls state iii although disagree holding appellants claim cognizable discussion level scrutiny requires warrants comments doubt state compliance voting rights act clearly constitutes compelling interest cf ujo opinion white brennan concurring part stewart concurring judgment attorney general objected state plan ground failed draw second district appeared pretextual reasons rather challenge conclusion north carolina chose draw second district ujo held state entitled take action see also wygant jackson bd concurring part concurring judgment seemingly agreeing position warns state redistricting effort must narrowly tailored interest complying law ante evident however north carolina precisely tailored meet objection attorney general prior plan hence see need remand even accepting majority basic approach case furthermore intends manage standard know narrowly tailored create irregular district opposed one compact harms state interests incumbency protection representation rural interests following two options creation two minority influence districts single district one narrowly tailored attorney general found proposed redistricting change violates nonretrogression principle abridge racial minority right vote narrow tailoring mean state preserve status quo maintain change attempting enhance minority voting power manner small sample begins scratch surface problems raised majority test suffices illustrate unworkability standard divorced measure constitutional harm state efforts remedy minority vote dilution wholly unlike typically labeled affirmative action extent racial group injured remedying voting rights act violation involve preferential treatment cf wygant supra white concurring judgment involves instead attempt equalize treatment provide minority voters effective voice political process equal protection clause constitution surely stand way iv since agree petitioners alleged equal protection violation appeals faithfully followed prior cases dissent affirm judgment footnotes noted voting rights act forbids state imposing specified devices procedures result denial abridgment right vote account race color section also provides violation prohibition established based totality circumstances shown political processes leading nomination election equally open participation members protected class members less opportunity members electorate participate political process elect representatives choice although davis involved political groups principles expressly drawn racial gerrymandering cases see plurality opinion although disagreeing holding davis claims political gerrymandering justiciable see concurring judgment author today opinion expressed views racial gerrymandering quite similar racial minority group characterized traditional indicia suspectness vulnerable exclusion political process individual voters belong group enjoy measure protection intentional dilution group voting strength means racial gerrymandering even individual right infringed racial minority prove essentially shut political process emphasis added explained position squared one taken majority case thornburg gingles noted district findings north carolina officially discriminated black citizens respect exercise voting franchise approximately employing poll tax literacy test say group afforded roughly proportional representation never make claim unconstitutional discrimination districting might intent effect packing members group deprive influence districts however equal protection inquiry look group overall influence treatment elected representatives political process whole borrow term segregate majority given historical connotation believe use ill advised particularly accurate description occurred district center controversy according state brief state appellees even racial distribution factor racial group said segregated set apart isolate webster collegiate dictionary ed black plaintiffs gomillion lightfoot confident suffered equally whites tuskegee sought maintain control annexing predominantly white suburbs rather splitting municipality two remarked ragons bacon strips dumbbells strained shapes always reliable signs partisan racial ethnic factional interests served regularly drawn district may turn skillfully constructed intent aid one party sickels dragons bacon strips dumbbells afraid reapportionment yale appears occurred instance providing reasons objection attorney general noted southeast area several plans drawn providing second congressional district district irregular others plan see app brief federal appellees north carolina decision create district explained attempt meet objection decision create compact southern district suggested hand likely result partisan considerations indeed suit brought prior one different plaintiffs charged district grossly contorted logical explanation incumbency protection enhancement democratic partisan interests plan ignores directive department justice create minority district southeastern portion north carolina since district jeopardize reelection democratic incumbent app juris statement complaint pope blue wdnc respect incident one writer observed understanding configurations shaped requires us know least much interests incumbent democratic politicians knowledge voting rights act grofman vince lombardi right said comes redistricting race everything thing cardozo district pope dismissed appellants claim reasoning part plaintiffs allege state redistricting plan caused shut political process pope blue wdnc summarily affirmed decision justice blackmun dissenting join justice white dissenting opinion join part iv opinion jewish organizations williamsburgh carey felt additional argument necessary decide case nevertheless agree conscious use race redistricting violate equal protection clause unless effect redistricting plan deny particular group equal access political process minimize voting strength unduly see chapman meier white regester particularly ironic case today majority chooses abandon settled law recognize first time analytically distinct constitutional claim ante challenge white voters plan north carolina sent black representatives congress first time since reconstruction dissent justice stevens dissenting reasons stated justice white decision district affirmed add comments emphasize two critical facts case undisputed first shape district bizarre must drawn purpose either advantaging disadvantaging cognizable group voters second regardless shape drawn purpose facilitating election second black representative north carolina unarguable facts devotes opinion proving give rise three constitutional questions constitution impose requirement contiguity compactness may draw electoral districts equal protection clause prevent state drawing district boundaries purpose facilitating election member identifiable group voters finally answer second question generally different favored group defined race since already written length questions negative answer briefly explained first question easy independent constitutional requirement compactness contiguity opinion despite many references shape district see ante suggest otherwise existence bizarre uncouth district boundaries powerful evidence ulterior purpose behind shaping boundaries usually purpose advantage political party control districting process evidence always useful cases lack evidence invidious intent case however know legislators purpose north carolina legislature drew district include majority voters see ante evidence district shape therefore convincing also cumulative purposes irrelevant second question believe equal protection clause violated state creates kind uncouth district boundaries seen karcher daggett gomillion lightfoot case sole purpose making difficult members minority group win election duty govern impartially abused group power electoral process defines electoral boundaries solely enhance political strength expense weaker group duty however violated majority acts facilitate election member group lacks power remains underrepresented state legislature whether group defined political affiliation common economic interests religious ethnic racial characteristics difference constitutional unconstitutional gerrymanders nothing whether based assumptions groups affect whether purpose enhance power group control districting process expense minority group thereby strengthen unequal distribution electoral power assumption people particular minority group whether defined political party religion ethnic group race belong vote particular way used benefit group constitutional violation occurs politicians always relied assumptions people particular groups likely vote particular way draw new district lines believe anything today opinion stop future finally must ask whether otherwise permissible redistricting benefit underrepresented minority group becomes impermissible minority group defined race today answers question affirmative answer wrong permissible draw boundaries provide adequate representation rural voters union members hasidic jews polish americans republicans necessarily follows permissible thing members minority group whose history gave birth equal protection clause see ante contrary conclusion described perverse accordingly respectfully dissent see cousins city council chicago stevens dissenting cert denied mobile bolden stevens concurring judgment karcher dagget stevens concurring see also davis bandemer powell joined stevens concurring part dissenting part see karcher stevens concurring serve purpose favor one segment whether racial ethnic religious economic political may occupy position strength particular point time disadvantage politically weak segment community violate constitutional guarantee equal protection davis bandemer nn powell joined stevens concurring part dissenting part describing grotesque gerrymandering unusual shapes drawn solely deprive democratic voters electoral power majority acknowledge require showing plaintiffs bring vote dilution claim voting rights act test established thornburg gingles minority group must show constitute majority district politically cohesive white majority votes sufficiently bloc enable usually defeat minority preferred candidate least latter two three conditions depend proving today brands impermissible racial stereotypes ante true gingles involved north carolina admits earlier established existence pervasive racial bloc voting ante citizens legislators well doubt confused requirement evidence one type case constitution prevents reliance another offers explanation paradox opinion suggests may group unconstitutional offer specific benefits redistricting long ago course argued minority groups defined race groups equal protection clause protected context see mobile bolden nn stevens concurring judgment justice souter dissenting today recognizes new cause action state electoral redistricting plan includes configuration bizarre ante rationally understood anything effort separate voters different districts basis race without sufficient justification ante subjected strict scrutiny view justification determination depart prior decisions carving narrow group cases strict scrutiny place review customarily applied cases dealing discrimination electoral districting basis race today analyzed equal protection claims involving race electoral districting differently equal protection claims involving forms governmental conduct turning different regimes analysis useful set relevant respects districting differs characteristic circumstances state might otherwise consciously consider race unlike contexts addressed state conscious use race see richmond croson city contracting wygant jackson bd teacher layoffs electoral districting calls decisions nearly always require consideration race legitimate reasons racially mixed population long members racial groups commonality interest implicit ability talk concepts like minority voting strength dilution minority votes cf thornburg gingles long racial bloc voting takes place legislators take race account order avoid dilution minority voting strength districting plans adopt one need look voting rights act understand may required held race may constitutionally taken account order comply act jewish organizations williamsburgh carey ujo plurality opinion white joined brennan blackmun stevens jj stewart joined powell concurring judgment second distinction districting governmental decisions race figured decisions using racial criteria characteristically occur circumstances use race advantage one person necessarily obvious expense member different race thus example awarding government contracts racial basis excludes certain firms competition racial grounds see richmond croson supra see also fullilove klutznick opinion burger race used supplant seniority layoffs someone laid otherwise wygant jackson bd supra plurality opinion principle pertains nondistricting aspects voting law discrimination places disfavored voters disadvantage exclusion franchise without alternative benefit see gomillion lightfoot voters alleged excluded voting municipality districting contrast mere placement individual one district instead another denies one right benefit provided others citizens may register vote represented whatever district individual voter right vote election election result voter representation held one constitutional rights violated merely candidate one supports loses election group including racial group one belongs winds representative outside group see whitcomb chavis true course one vote may less effective depending interests individuals one district cases recognize reality members race often shared interests dilution thus refers effects districting decisions individual political power viewed isolation political power group see ujo supra plurality opinion reason placement given voters given district even basis race without diminish effectiveness individual voter ii different approaches equal protection electoral districting nondistricting cases reflect differences characteristic coincidence disadvantageous effect illegitimate purpose associated state use race situations immediately triggered least heightened scrutiny every member address issue agreed must applied even classifications designed serve permissible state interest presumably legitimate consideration race districting decision usually inevitable voting rights act communities racially mixed however without result diminished political effectiveness anyone taken approach applying usual standard heightened scrutiny districting decisions sure says logically possible apply strict scrutiny cases uphold uses race permissible see ante frequently constitutionally permissible use race electoral districting exemplified consideration race comply voting rights act quite apart consideration race remedy violation act constitution seemed appropriate identify impermissible uses describing particular effects sufficiently serious justify recognition fourteenth amendment cases general requirement order obtain relief fourteenth amendment purpose effect districting must devalue effectiveness voter compared group member otherwise able enjoy see ujo plurality opinion white joined stevens rehnquist jj stewart joined powell concurring judgment justice white describes formulations used common categories dilutive practice dissenting opinion see ante ante consequence categorical approach absence need searching scrutiny shown given districting decision purpose effect falling within one categories cognizable harm like dilution abridgment right participate electoral process shown districting plan violates fourteenth amendment approach absence allegation cognizable harm need scrutiny gerrymandering claim proven without element harm dilution proven need constitutional scrutiny never suggestion use race justified type scrutiny since dilution right vote said serve legitimate governmental purpose thus theoretical inconsistency two distinct approaches equal protection analysis one cases electoral districting one types state governmental decisions distinctions two categories risk fourteenth amendment districting law taken imply anything purposes general fourteenth amendment scrutiny benign racial discrimination group entitlement distinct individual protection appropriateness strict heightened scrutiny iii appears accept purport disturb law vote dilution way see ante acknowledging ujo set forth standard white voters establish unconstitutional vote dilution instead creates new analytically distinct cause action principal element districting plan bizarre face ante irrational face ante extremely irregular face ante rationally understood anything effort segregate citizens separate voting districts basis race without sufficient justification ante pleading element holds suffices without allegation harm state claim upon relief granted fourteenth amendment see ante may terms pleading cause action met rarely case wind aberration shape district issue case indeed bizarre examples ever likely carry unequivocal implication impermissible use race finds may therefore electoral districting cases ever likely employ strict scrutiny holds applicable remand appellants allegations contradicted ante see also ante nonetheless cases cause action sufficiently pleaded state justify decision consider race required compelling state interest use race narrowly tailored interest meanwhile districting cases specific consequential harm still need pleaded proven absence use race may invalidated shown serve legitimate state purpose cf bolling sharpe offers adequate justification treating narrow category bizarrely shaped district claims differently districting claims justification imagine preservation sound districting principles ujo compactness contiguity justice white points see ante dissenting opinion acknowledges see ante held principles constitutionally required consequence absence justify distinct constitutional regime put place today since justification departure principles continue govern electoral districting cases generally accordance prior decisions respond seeming egregiousness redistricting us untethering concept racial gerrymander case concept harm exemplified dilution absence allegation harm affirm judgment district respectfully dissent bloc racial voting unfortunate phenomenon repeatedly faced findings knowledgeable district courts fact life exists often result neither white black elected district race minority beer white dissenting recognition actual commonality interest racially polarized bloc voting equated race stereotypes described ante quoting edmonson leesville concrete forbidden case law section voting rights act requires covered jurisdiction demonstrate either attorney general district new districting plan purpose effect denying abridging right vote account race color membership language minority see also section voting rights act forbids districting plans discriminatory effect minority groups majority use segregation describe effect districting may suggest carries effects comparable school segregation making subject like scrutiny principal consequence school segregation inequality educational opportunity provided whereas use race group characteristic districting without deny equality political participation brown board education bolling sharpe held requiring segregation public education served legitimate public purpose consideration race may constitutionally appropriate electoral districting decisions racially mixed political units see supra see richmond croson plurality opinion joined rehnquist white kennedy jj referring variously strict scrutiny standard review employed wygant heightened scrutiny scalia concurring judgment strict scrutiny marshall dissenting classifications must serve important governmental objectives must substantially related achievement objectives quoting regents univ cal bakke brennan white marshall blackmun jj concurring judgment part dissenting part stevens concurring part concurring judgment undertaking close examination characteristics advantaged disadvantaged racial groups said justify disparate treatment although declining articulate different standards review see also wygant jackson bd plurality opinion powell equating various articulations standards review stringent strict scrutiny course held disadvantaging effect uses race never justified sufficiently close relationship sufficiently strong state interest see croson supra plurality opinion regard agree justice white assessment difficulty white plaintiffs showing opportunity participate equally north carolina electoral process unconstitutionally diminished see ante dissenting opinion accuses treating use race electoral redistricting benign form discrimination ante saying electoral districting frequently permissible uses race use comply voting rights act well impermissible ones determining whether use race permissible cases bizarrely shaped district readily look effects evaluating electoral districting scheme express es view whether intentional creation districts without always gives rise equal protection claim ante quoting ante white dissenting repeatedly emphasizes reason believe configuration devised reference traditional districting principles present case falling outside cause action recognized today see ante says new cause action justified understand ingredients stigmatic harm see ante threa system representative democracy ante caused mere adoption districting plan elements described text supra begin complaint nowhere alleges type stigmatic harm see app juris statement complaint motion preliminary injunction temporary restraining order putting one side seems utterly implausible presume north carolina creation strangely shaped district generates within white plaintiffs anything comparable feeling inferiority status community may affect hearts minds way unlikely ever undone brown board education representative democracy difficulty seeing threatened indeed rather enhanced districts even alleged dilute anyone vote