miller johnson argued april decided june together abrams et al johnson et johnson et also appeal shaw reno articulated equal protection principles govern state drawing congressional districts noting laws explicitly distinguish individuals racial grounds fall within core equal protection clause prohibition decisionmaking prohibition extends laws neutral face unexplainable grounds race redistricting legislation bizarre face unexplainable grounds race demands strict scrutiny given state laws classify citizens race georgia recent congressional districting plan contains three districts adopted justice department refused preclear voting rights act act two earlier plans contained two districts appellees voters new eleventh district joins metropolitan black neighborhoods together poor black populace coastal areas miles away challenged district ground racial gerrymander violation equal protection clause interpreted shaw district agreed holding evidence state legislature purpose well district irregular borders showed race overriding predominant force districting determination assumed compliance act compelling interest found plan narrowly tailored meet interest since act require three districts held georgia congressional redistricting plan violates equal protection clause pp page ii parties alleging state assigned voters basis race neither confined proof evidence regarding district geometry makeup required make threshold showing bizarreness district shape relevant shaw equal protection analysis bizarreness necessary element constitutional wrong threshold requirement proof may persuasive circumstantial evidence race sake districting principles legislature dominant controlling rationale drawing district lines exceptional cases reapportionment plan may highly irregular face rationally understood anything effort segregate voters based race district bizarre parties may rely evidence establish districting stereotypical assumptions equal protection clause forbids underlie argument clause general proscription decisionmaking obtain districting context redistricting involves racial consideration redistricting usually implicates political calculus various interests compete recognition follow individuals race share single political interest analysis used assess vote dilution claim jewish organizations williamsburgh carey applied resuscitate argument pp courts must exercise extraordinary caution adjudicating claims state drawn district lines plaintiff must show whether circumstantial evidence district shape demographics direct evidence legislative purpose race predominant factor motivating legislature decision place significant number voters within without district make showing plaintiff must prove legislature subordinated traditional districting principles including limited compactness contiguity respect political subdivisions communities defined actual shared interests racial considerations pp district applied correct analysis finding race predominant factor motivating eleventh district drawing clearly erroneous need decided whether district shape standing alone sufficient establish district unexplainable grounds race considerable additional evidence showing state legislature motivated predominant overriding desire create third district order comply justice department preclearance demands district finding justified rejection various alternative explanations offered district appellants refute claim racial gerrymandering arguing legislature complied traditional districting principles since factors subordinated racial objectives tangible communities interest spanning page iii district hundreds miles called upon rescue plan since race predominant overriding factor behind eleventh district drawing state plan subject strict scrutiny sustained narrowly tailored achieve compelling state interest pp significant state interest eradicating effects past racial discrimination little doubt georgia true interest satisfy justice department preclearance demands even compliance act standing alone provide compelling interest district reasonably necessary constitutional reading application act say plan required order obtain preclearance say required act substantive requirements georgia two earlier plans ameliorative violated unless discriminated basis race color violate constitution however instead grounding objections evidence discriminatory purpose justice department appears driven maximization policy utilizing require create districts whenever possible department expanded statutory authority beyond congress intent insure changes made lead retrogression position racial minorities respect effective exercise electoral franchise policy also raises serious constitutional concerns implicit command may engage presumptive unconstitutional districting brings act upheld proper exercise congress fifteenth amendment authority tension fourteenth amendment pp kennedy delivered opinion rehnquist scalia thomas joined filed concurring opinion stevens filed dissenting opinion ginsburg filed dissenting opinion stevens breyer joined souter joined except part miller johnson justice kennedy delivered opinion constitutionality georgia congressional redistricting plan issue shaw reno held plaintiff claim equal protection clause alleging state redistricting plan face rational explanation save effort separate voters basis race question decide whether georgia new eleventh district gives rise valid equal protection claim principles announced shaw whether sustained nonetheless narrowly tailored serve compelling governmental interest miller johnson equal protection clause fourteenth amendment provides state shall deny person within jurisdiction equal protection laws amdt central mandate racial neutrality governmental decisionmaking see loving virginia mclaughlin florida see also brown board education though application imperative raises difficult questions basic principle straightforward racial ethnic distinctions sort inherently suspect thus call exacting judicial examination perception racial ethnic distinctions rooted nation constitutional demographic history regents univ california bakke opinion powell rule obtains equal force regardless race burdened benefited particular classification richmond croson plurality opinion citations omitted scalia concurring judgment agree justice conclusion strict scrutiny must applied governmental classification race see also adarand constructors pena slip bakke supra opinion powell laws classifying citizens basis race upheld unless narrowly tailored achieving compelling state interest see adarand supra slip croson supra plurality opinion wygant jackson bd plurality opinion shaw reno supra recognized equal protection principles govern state drawing congressional districts though cautious approach discloses application principles electoral districting delicate task analysis began premise miller johnson aws explicitly distinguish individuals racial grounds fall within core equal protection clause prohibition slip prohibition extends explicit racial classifications also laws neutral face unexplainable grounds race slip quoting arlington heights metropolitan housing development applying basic equal protection analysis voting rights context held redistricting legislation bizarre face unexplainable grounds race demands close scrutiny give state law classify citizens race slip quoting arlington heights supra case requires us apply principles articulated shaw recent congressional redistricting plan enacted state georgia attorney general designated georgia covered jurisdiction voting rights act stat amended act fed reg see cfr pt app see also city rome consequence act requires georgia obtain either administrative preclearance attorney general approval district district columbia change standard practice procedure respect voting made november preclearance mechanism applies congressional redistricting plans see beer requires proposed change purpose effect denying abridging right vote account race color purpose always insure changes made lead retrogression miller johnson position racial minorities respect effective exercise electoral franchise beer supra one georgia congressional districts district majority district voters black decennial census indicated georgia population persons black entitled additional eleventh congressional seat app prompting georgia general assembly redraw state congressional districts house senate adopted redistricting guidelines among things required districts equal population contiguous geography nondilution minority voting strength fidelity precinct lines possible compliance act see app requirements met guidelines permit drafters consider ends maintaining integrity political subdivisions preserving core existing districts avoiding contests incumbents special session opened august general assembly submitted congressional redistricting plan attorney general preclearance october legislature plan contained two districts fifth eleventh additional district second blacks comprised voting age population despite plan increase number districts one two absence evidence intent discriminate minority voters supp sd department justice refused preclearance january app department objection letter noted concern georgia created two districts proposed plan recognize certain minority populations placing district general assembly returned drawing board new plan enacted submitted preclearance miller johnson second attempt assigned black population central georgia baldwin county eleventh district increased black populations eleventh fifth second districts justice department refused preclearance relying alternative plans proposing three districts one alternative schemes relied department plan drafted american civil liberties union aclu general assembly black caucus key aclu plan trade dense black population macon region transferred eleventh district second converting second district eleventh district loss black population offset extending eleventh include black populations savannah pointing general assembly refusal enact swap law justice department concluded georgia failed explain adequately failure create third district app state seek declaratory judgment district district columbia twice spurned general assembly set create three districts gain preclearance using aclu plan benchmark general assembly enacted plan bore signs justice department involvement black population meriwether county gouged third district attached second district narrowest land bridges effingham chatham counties split make way savannah extension split city savannah plan whole split counties existing congressional districts see appendix attached miller johnson populations eleventh centered around four discrete widely spaced urban centers absolutely nothing stretch district hundreds miles across rural counties narrow swamp corridors omitted dense population centers approved eleventh district periphery district case atlanta augusta savannah tied sparsely populated rural core even less populated land bridges extending atlanta atlantic eleventh covered square miles splitting eight counties five municipalities along way omitted elections held new congressional redistricting plan november black candidates miller johnson elected congress three districts january appellees five white voters eleventh district filed action various state officials miller appellants district southern district georgia residents challenged eleventh district appellees standing see hays slip suit alleged georgia eleventh district racial gerrymander violation equal protection clause interpreted shaw reno convened pursuant number georgia residents intervened support officials majority district panel agreed eleventh district invalid shaw one judge dissenting supp sd sharp criticism justice department use partisan advocates dealings state officials close cooperation aclu vigorous advocacy minority district maximization majority turned careful interpretation opinion shaw read shaw require strict scrutiny whenever race overriding predominant force redistricting process emphasis omitted citing much evidence legislature purpose intent creating final plan well irregular shape district particular several appendages drawn obvious purpose putting black populations district found race overriding predominant force districting determination proceeded apply strict scrutiny though rejecting proportional representation compelling interest willing assume compliance voting rights act compelling interest latter however found act require three districts georgia plan reason narrowly tailored goal complying miller johnson act appellants filed notices appeal requested stay district judgment granted pending filing disposition appeals case miller johnson later noted probable jurisdiction see ii finding evidence general assembly intent racially gerrymander eleventh district overwhelming practically stipulated parties involved district held race predominant overriding factor drawing eleventh district see appellants take issue factual finding racial motivation rather contend evidence legislature deliberate classification voters basis race alone suffice state claim shaw argue regardless legislature purposes plaintiff must demonstrate district shape bizarre unexplainable basis race appellees failed make showing appellants conception constitutional violation misapprehends holding shaw equal protection precedent upon shaw relied shaw recognized claim analytically distinct vote dilution claim slip see slip whereas vote dilution claim alleges state enacted particular voting scheme purposeful device minimize cancel voting potential racial ethnic minorities mobile bolden citing cases action disadvantaging voters particular race essence equal protection claim recognized shaw state used race basis separating voters districts state may absent extraordinary justification segregate citizens basis race public parks new orleans miller johnson city park improvement assn detiege per curiam buses gayle browder per curiam golf courses holmes atlanta per curiam beaches mayor city council baltimore dawson per curiam schools brown supra recognize shaw may separate citizens different voting districts basis race idea simple one heart constitution guarantee equal protection lies simple command government must treat citizens individuals simply components racial religious sexual national class metro broadcasting fcc dissenting quoting arizona governing comm tax deferred annuity deferred compensation plans norris cf northeastern chapter associated gen contractors america jacksonville slip injury fact denial equal treatment ultimate inability obtain benefit state assigns voters basis race engages offensive demeaning assumption voters particular race race think alike share political interests prefer candidates polls shaw supra slip see metro broadcasting supra kennedy dissenting assignments embody stereotypes treat individuals product race evaluating thoughts efforts worth citizens according criterion barred government history constitution metro broadcasting supra dissenting citation omitted see powers ohio race proxy determining juror bias competence palmore sidoti classifying persons according race likely reflect racial prejudice legitimate public concerns race person dictates category also cause society serious harm miller johnson concluded shaw 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 shaw supra slip reasoning shaw compels conclusion recognized shaw outside districting context miller johnson statutes subject strict scrutiny equal protection clause contain express racial classifications also though race neutral face motivated racial purpose object slip rare case effect government action pattern unexplainable grounds race ibid quoting arlington heights evidentiary inquiry relatively easy arlington heights supra omitted early yick wo hopkins recognized laundry permit ordinance administered deliberate way exclude chinese laundry business gomillion lightfoot concluded redrawing tuskegee alabama municipal boundaries left doubt plan designed exclude blacks even cases however presumed racial purpose state action stark manifestation constitutional violation patterns discrimination conspicuous rare necessary predicate violation equal protection clause cf arlington heights supra absence pattern stark yick wo gomillion impact alone determinative must look evidence decisionmaking arlington heights supra footnotes omitted shaw applied principles redistricting exceptional cases reapportionment plan may highly irregular face rationally understood anything effort segregat voters basis race shaw supra slip quoting gomillion supra cases district bizarre face discloses racial design proof difficul ibid although necessary shaw consider proof required difficult cases logical import reasoning evidence district bizarre shape used support claim miller johnson appellants amici argue equal protection clause general proscription decisionmaking obtain districting context redistricting definition involves racial considerations underlying argument stereotypical assumptions equal protection clause forbids true redistricting cases implicate political calculus various interests compete recognition follow individuals race share single political interest view based demeaning notion members defined racial groups ascribe certain minority views must different citizens metro broadcasting kennedy dissenting precise use race proxy constitution prohibits argument districting cases excepted standard equal protection precepts resuscitated jewish organizations williamsburgh carey addressed claim new york violated constitution splitting hasidic jewish community order include additional districts explained shaw majority justices ujo construed complaint stating vote dilution claim analysis apply claim state separated voters basis race slip extent opinions highly fractured decision slip interpreted suggesting state assignment voters basis race subject anything strictest scrutiny views deemed controlling sum make clear parties alleging state assigned voters basis race neither confined proof evidence regarding district geometry makeup required make threshold showing bizarreness today case requires us consider requirements proof necessary sustain equal miller johnson protection challenge federal review districting legislation represents serious intrusion vital local functions well settled reapportionment primarily duty responsibility state chapman meier see voinovich quilter slip growe emison slip electoral districting difficult subject legislatures must discretion exercise political judgment necessary balance competing interests although decisionmaking inherently suspect adarand slip op citing bakke opinion powell claimant makes showing sufficient support allegation good faith state legislature must presumed see bakke supra opinion powell courts assessing sufficiency challenge districting plan must sensitive complex interplay forces enter legislature redistricting calculus redistricting legislatures example almost always aware racial demographics follow race predominates redistricting process shaw supra slip see personnel administrator mass feeney iscriminatory purpose implies intent volition intent awareness consequences implies decisionmaker selected reaffirmed particular course action least part merely spite adverse effects footnotes citation omitted distinction aware racial considerations motivated may difficult make evidentiary difficulty together sensitive nature redistricting presumption good faith must accorded legislative enactments requires courts exercise extraordinary caution adjudicating claims state miller johnson drawn district lines basis race plaintiff burden show either circumstantial evidence district shape demographics direct evidence going legislative purpose race predominant factor motivating legislature decision place significant number voters within without particular district make showing plaintiff must prove legislature subordinated traditional districting principles including limited compactness contiguity respect political subdivisions communities defined actual shared interests racial considerations considerations basis redistricting legislation subordinated race state defeat claim district gerrymandered racial lines shaw supra principles inform plaintiff burden proof trial course courts must also recognize principles intrusive potential judicial intervention legislative realm assessing federal rules civil procedure adequacy plaintiff showing various stages litigation determining whether permit discovery trial proceed see fed rules civ proc see also celotex catrett view district applied correct analysis finding race predominant factor motivating drawing eleventh district clearly erroneous found exceedingly obvious shape eleventh district together relevant racial demographics drawing narrow land bridges incorporate within district outlying appendages containing nearly district total black population deliberate attempt bring black populations district see although comparison districts geometric shape eleventh district may seem bizarre face shape considered conjunction racial population miller johnson densities story racial gerrymandering seen district becomes much clearer see appendix attached see also app although evidence quite compelling need determine whether standing alone sufficient establish shaw claim eleventh district unexplainable race district considerable additional evidence showing general assembly motivated predominant overriding desire assign black populations eleventh district thereby permit creation third district second found became obvious justice department objection letters three preclearance rounds general justice department accept nothing less abject surrender maximization agenda see see also arlington heights historical background decision one evidentiary source found general assembly acquiesced consequence driven overriding desire comply department maximization demands supported conclusion testimony linda meggers operator herschel georgia reapportionment computer probably knowledgeable person available subject georgian redistricting also state concessions state admitted added portions effingham chatham counties far southeastern extension present eleventh congressional district need include additional black population district offset loss black population caused shift predominantly black portions bibb county second congressional district occurred response department justice march objection letter conceded extent precincts eleventh congressional district split substantial reason miller johnson split objective increasing black population district ibid brief state concedes undisputed georgia eleventh product desire general assembly create majority black district brief miller appellants hence trial little difficulty concluding justice department spent months demanding purely revisions georgia redistricting plans georgia spent months attempting comply record fail see district reached conclusion race predominant factor drawing georgia eleventh district event conclude finding clearly erroneous compare wright rockefeller evidence presented conflicting inferences therefore failed prove new york legislature either motivated racial considerations fact drew districts racial lines light finding district justified rejecting various alternative explanations offered district although legislature compliance traditional districting principles compactness contiguity respect political subdivisions may well suffice refute claim racial gerrymandering shaw slip appellants make refutation factors subordinated racial objectives georgia attorney general objected justice department demand three districts ground state violate reasonable standards compactness contiguity app statement state official powerful evidence legislature subordinated traditional districting principles race ultimately enacted plan creating three districts justified district finding every objective districting factor realistically subordinated racial tinkering fact suffered fate see miller johnson boundaries eleventh indeed follow many precinct lines meggers designed eleventh district along racial lines race data accessible precinct level state districting legislation rescued mere recitation purported communities interest evidence compelling tangible communities interest spanning hundreds miles eleventh district comprehensive report demonstrated fractured political social economic interests within eleventh district black population see plaintiff exh pp report timothy apparent alleged shared interests rather object maximizing district black population obtaining justice department approval fact explained general assembly actions state free recognize communities particular racial makeup provided action directed toward common thread relevant interests hen members racial group live together one community reapportionment plan concentrates members group one district excludes others may reflect wholly legitimate purposes shaw supra slip state assumes group voters race think alike share political interests prefer candidates polls engages racial stereotyping odds equal protection mandates slip cf powers ohio may accept defense racial discrimination stereotype law condemns race district found predominant overriding factor explaining general assembly decision attach eleventh district various appendages containing dense populations result georgia congressional redistricting plan upheld unless satisfies strict scrutiny miller johnson rigorous exacting standard constitutional review iii satisfy strict scrutiny state must demonstrate districting legislation narrowly tailored achieve compelling interest shaw supra slip see also croson plurality opinion wygant plurality opinion cf adarand slip significant state interest eradicating effects past racial discrimination shaw supra slip state argue however created eleventh district remedy past discrimination good reason little doubt state true interest designing eleventh district creating third district satisfy justice department preclearance demands interest general assembly mind drafting current congressional plan satisfying justice department preclearance requirements compare wygant supra plurality opinion strict scrutiny state must convincing evidence remedial action necessary implementing affirmative action heller doe slip rational basis review legislature need actually articulate time purpose rationale supporting classification quoting nordlinger hahn whether cases compliance voting rights act standing alone provide compelling interest independent interest remedying past discrimination suggested shaw compliance federal antidiscrimination laws justify districting challenged district reasonably necessary constitutional reading application laws see slip congressional plan challenged required voting rights act correct reading miller johnson statute justice department refused preclear georgia first two submitted redistricting plans district found justice department adopted policy clear objection letters department grant preclearance state made trade created third district therefore safe say congressional plan enacted end required order obtain preclearance follow however plan required substantive provisions voting rights act accept contention state compelling interest complying whatever preclearance mandates justice department issues state governmental entity seeks justify remedies cure effects past discrimination accept government mere assertion remedial action required rather insist strong basis evidence harm remedied see shaw supra slip croson supra wygant supra plurality opinion history racial classifications country suggests blind judicial deference legislative executive pronouncements necessity place equal protection analysis croson supra presumptive skepticism racial classifications see adarand supra slip prohibits us well accepting face justice department conclusion racial districting necessary voting rights act state relies department determination districting necessary comply voting rights act judiciary retains independent obligation adjudicating consequent equal protection challenges ensure state actions narrowly tailored achieve compelling interest see shaw supra slip accept justice department objection compelling interest adequate miller johnson insulate racial districting constitutional review surrendering executive branch role enforcing constitutional limits official action may see nixon judicial power shared executive branch marbury madison cranch emphatically province duty judicial department say law cf baker carr ultimate interpreter constitution cooper aaron permanent indispensable feature constitutional system federal judiciary exposition law constitution reasons think inappropriate engaged constitutional scrutiny accord deference justice department interpretation act although deferred department interpretation certain statutory cases see presley etowah county cases cited therein rejected agency interpretations otherwise defer raise serious constitutional questions edward debartolo florida gulf coast buildidng construction trades council justice department interpretation act compels districting definition raises serious constitutional question see bakke opinion powell racial ethnic distinctions sort inherently supect equal protection clause receive deference georgia drawing eleventh district required act reasonable basis believe georgia earlier enacted plans violated wherever plan ameliorative term used describe plans increasing number districts violate unless new apportionment discriminates basis race color violate constitution beer georgia first second proposed miller johnson plans increased number districts plans ameliorative violated principle ibid acknowledging much see brief relies fact justice department may object state proposal either ground prohibited purpose prohibited effect see pleasant grove government justifies preclearance objections ground submitted plans violated purpose element key government position plain objection letters briefs compare app brief always georgia failed proffer nondiscriminatory purpose refusal first two submissions take steps necessary create third district government position insupportable meliorative changes even fall short might accomplished terms increasing minority representation found violate section unless discriminate basis race color violate constitution days section role justice department grofman davidson controversies minority voting although true held state burden prove nondiscriminatory purpose pleasant grove supra georgia attorney general provided detailed explanation state initial decision enact plan see app district accepted explanation found absence discriminatory intent state policy adhering districting principles instead creating many districts possible support inference plan discriminates basis race color violate constitution beer supra miller johnson see mobile bolden plurality opinion thus provide basis justice department objection instead grounding objections evidence discriminatory purpose appear government driven policy maximizing districts although government disavows policy see brief seems concede impropriety see tr oral arg district factual finding department adopt maximization policy followed objecting georgia first two plans one two department justice line attorneys overseeing georgia preclearance process disclosed specifically take map state georgia shaded race shaded minority concentration overlay districts drawn state georgia see well lines adequately reflected black voting strength utilizing require create miller johnson districts wherever possible department justice expanded authority statute beyond congress intended upheld section directed preventing particular set invidious practices effect undo ing defeat ing rights recently nonwhite voters explained beer section response common practice jurisdictions staying one step ahead federal courts passing new discriminatory voting laws soon old ones struck practice possible new law remained effect justice department private plaintiffs able sustain burden proving new law discriminatory congress therefore decided held shift advantage time inertia perpetrators evil victim freezing election procedures covered areas unless changes shown nondiscriminatory quoting pp footnotes omitted miller johnson iv voting rights act grant authority federal courts uncover official efforts abridge minorities right vote vital importance eradicating invidious discrimination electoral process enhancing legitimacy political institutions political system society cleanse discrimination members polity share equal opportunity gain public office regardless race nation share obligation aspiration working toward end end neither assured well served however carving electorates racial blocs society continue progress multiracial democracy must recognize automatic invocation race miller johnson stereotypes retards progress causes continued hurt injury edmondson leesville concrete takes shortsighted unauthorized view voting rights act invoke statute played decisive role redressing worst forms discrimination demand racial stereotyping fourteenth amendment forbids ordered see supp sd quoting tyrone brooks recalled assembly floor attorney general specifically told covered act wherever possible must draw majority black districts wherever possible citing tr assistant attorney general answering yes question whether justice department take position number cases alternative plans demonstrated minority districts drawn state proposing draw fact violate section voting rights act became obvious justice department accept nothing less abject surrender maximization agenda apparently occur justice department increased recognition minority voting strength perhaps admirable properly tempered districting considerations expressing doubts constitutionality justice department maximization policy citing courts criticize justice department maximization propensities miller johnson justice concurring understand threshold standard adopts legislature subordinated traditional districting principles racial considerations ante demanding one invoke strict scrutiny plaintiff must show state relied race substantial disregard customary traditional districting practices practices provide crucial frame reference therefore constitute significant governing principle cases kind standard different legislature drawn boundaries favor ethnic group certainly standard treat efforts miller johnson create districts less favorably similar efforts behalf groups indeed driving force behind adoption fourteenth amendment desire end legal discrimination blacks application standard throw doubt vast majority nation congressional districts presumably drawn boundaries accordance customary districting principles even though race may well considered redistricting process see shaw reno slip ante application standard helps achieve shaw basic objective making extreme instances gerrymandering subject meaningful judicial review therefore join opinion miller johnson justice stevens dissenting justice ginsburg explained district opinion merits erroneous decision breed unproductive litigation join excellent opinion without reservation add comments believe respondents cases like respondents hays ante suffered legally cognizable injury shaw reno crafted new cause action two novel troubling features first misapplied term gerrymander previously used describe grotesque dominant group maintain enhance political power minority expense condemn efforts majority whites share power minority african americans second dispensed previous insistence vote miller johnson dilution cases showing injury identifiable group voters failed explain adequately showing plaintiff must make establish standing litigate newly minted shaw claim neither shaw cases decided today coherently articulated injury cause action designed redress respondents alleged legally cognizable injury lack standing cases dismissed see hays ante stevens concurring judgment slip even assuming validity shaw see respondents cases assert injury attributes respondents plaintiffs white voters georgia eleventh congressional district conclusion standing maintain shaw claim appears rest theory placement eleventh district caused representational harms hays ante slip cited ante shaw explained concept representational harms follows district obviously created solely effectuate perceived common interests one racial group elected officials likely believe primary obligation represent members group rather constituency whole shaw slip although shaw attributed representational harms solely message sent legislature action harms come message received first black voters support candidate second successful candidate ignores interests white constituents respondents standing words ultimately depends premise purports abhor voters particular race think alike share political interests prefer candidates polls ante quoting shaw slip generalization recognizes offensive demeaning ante miller johnson particular instances course members one race may vote overwhelming margin one candidate cases candidate race racially polarized voting one circumstances plaintiffs must prove advance vote dilution claim thornburg gingles claim allows voters allege gerrymandered district lines impaired ability elect candidate race emphasizes however shaw claim analytically distinct vote dilution claim ante quoting shaw slip neither shaw hays instant cases answered question analytic distinction raises shaw injury flow increased probability white candidates lose increased probability black candidates win cause white voters respondents cognizable harm attempts explanation cases equating injury imagines respondents suffered injuries african americans suffered segregation heart respondents claim account state assignment voters basis race ante violates equal protection clause reason state may segregate citizens basis race public parks new orleans city park improvement assn detiege per curiam buses gayle browder per curiam golf courses holmes atlanta per curiam beaches mayor city council baltimore dawson per curiam schools brown supra ante equation however fails elucidate miller johnson elusive shaw injury desegregation cases redressed exclusion black citizens public facilities reserved whites case contrast voter black white may live eleventh district respondents contest inclusion many black voters district drawn view respondents allege vote dilution inclusion cause conceivable injury equation shaw claims desegregation decisions inappropriate another reason cases legal segregation frustrated public interest diversity tolerance barring african americans joining whites activities issue districting plan contrast serves interest diversity tolerance increasing likelihood meaningful number black representatives add voices legislative debates see post ginsburg dissenting moral constitutional equivalence policy designed perpetuate caste system one seeks eradicate racial subordination adarand constructors pena ante slip stevens dissenting see also racial integration sort attempted georgia appears vulnerable judicial challenge policies alleged perpetuate racial bias cf allen wright anomalous say least equally distressing equation traditional gerrymanders designed maintain enhance dominant group power dominant group decision share power previously underrepresented group view districting plans violate equal protection clause serve purpose favor one segment whether racial ethnic religious economic political may occupy position strength particular point time disadvantage politically weak segment community karcher daggett stevens concurring contrast see districting plan favors politically weak group violate equal miller johnson protection constitution mandate form proportional representation certainly permits state adopt policy promotes fair representation different groups indeed squarely held gaffney cummings either district courts 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 miller johnson respectfully dissent footnotes opinion interpretation constitution afforded one kind political protection blacks another kind members identifiable groups invidious respect citizenry black community compels acceptance fact long run certainty individuals vote alike individual members ethnic economic social group probability parallel voting fluctuates blend political issues affecting outcome election changes time time emphasize one issue rather others dominant facts political group history suffered special injustices congeries special political interests make one group different eyes law members go polls equal dignity equal right protected invidious discrimination cousins city council chicago miller johnson stevens dissenting miller johnson justice ginsburg justices stevens breyer join justice souter joins except part dissenting legislative districting highly political business generally respected competence state legislatures attend task race issue however recognized need judicial intervention prevent dilution minority voting strength generations rank discrimination citizens voters account surveillance two terms ago shaw reno took claim analytically distinct vote dilution claim slip shaw authorized judicial intervention extremely irregular apportionments slip legislature cast aside traditional districting practices consider race alone miller johnson shaw case create district north carolina compose majority voters today expands judicial role announcing federal courts undertake searching review district contours predominantly motivated race strict scrutiny triggered traditional districting practices abandoned also practices subordinated given less weight race see ante applying new standard invalidates georgia districting plan even though georgia eleventh district focus today dispute bears imprint familiar districting practices endorse new standard upset georgia plan dissent miller johnson therefore fact georgia general assembly took account race drawing district lines fact dispute render state plan invalid offend equal protection clause agree legislature consider race much issue divides today say said many occasions reapportionment primarily duty responsibility state legislature body rather federal chapman meier see also ante constitution allocates responsibility art growe emison slip districting inevitably sharp political impact inevitably political decisions must made charged task white weiser district lines drawn accommodate myriad factors geographic economic historical political state legislatures arenas compromise electoral accountability best positioned mediate competing claims courts mandate adjudicate ill equipped task miller johnson fifteenth amendment ratified declares right vote shall denied state account race declaration generations often honored breach greeted near century unremitting ingenious defiance several including georgia south carolina katzenbach brief interlude black suffrage enforced federal troops accompanied rampant violence blacks georgia held constitutional convention purpose according convention leader fix people shall rule negro shall never heard mcdonald et georgia quiet revolution south davidson grofman eds quoting robert toombs pursuit objective georgia enacted cumulative poll tax requiring voters show paid past well current poll taxes one historian described tax effective bar negro suffrage ever devised stone studies american race problem georgia general assembly authorized white primaries keeping blacks democratic primary effectively excluded georgia political life victory democratic primary tantamount election mcdonald et supra early century georgia governor hoke smith persuaded legislature pass disenfranchisement act true title measure added various property good character literacy requirements administered served keep blacks voting see also katzenbach tests order specifically designed prevent negroes voting result one commentator observed years later almost miller johnson absolute exclusion negro voice state federal elections mcdonald et supra quoting wardlaw negro suffrage georgia unpublished faced political situation scarcely open disenfranchised blacks electoral influence hence muscle lobby legislature change intervened invalidated white primaries see smith allwright burdens minority voting see schnell davis per curiam discriminatory application voting tests lane wilson procedural hurdles guinn grandfather clauses backdrop construing equal protection clause undertook ensure apportionment plans dilute minority voting strength see rogers lodge regester wright rockefeller enacting voting rights act congress heightened federal judicial involvement apportionment also fashioned role attorney general section creates federal right action challenge vote dilution section requires history discrimination preclear changes voting practices either federal district district columbia attorney general decisions congressional directions significantly reduced voting discrimination minorities election georgia gained first black member congress since reconstruction apportionment created state first district voting district however gained easily georgia miller johnson created district district columbia refused preclear predecessor apportionment plan included district omission due part influence joe mack wilson chairman georgia house reapportionment committee wilson put years ago want draw nigger districts busbee smith supp dc ii shaw recognized third basis equal protection challenge state apportionment plan wrote cautiously emphasizing judicial intervention exceptional trict judicial scrutiny order declared district extremely irregular face rationally viewed effort segregate races purposes voting miller johnson slip xtrem irregular ity evident shaw explained setting description north carolina voting district examination approximately miles long much length wider corridor winds fashion tobacco country financial centers manufacturing areas gobbles enough enclaves black neighborhoods northbound southbound drivers sometimes find separate districts one county trade districts enter next county counties district passes five cut three different districts even towns divided one point district remains contiguous intersects single point two districts crossing 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 rev internal quotation marks omitted shaw slip citations internal quotation marks omitted miller johnson contrast north carolina district inspected shaw georgia eleventh district hardly bizarre extremely irregular irrational face slip instead eleventh district design reflects significant consideration traditional districting factors keeping political subdivisions intact usual political process compromise trades variety nonracial reasons supp sd edmondson dissenting cf ante geometric shape eleventh district may seem bizarre face district covers core area central eastern georgia total land area square miles average state defendant exh border eleventh district runs miles line georgia second district border state eighth district border running miles see edmondson dissenting eleventh district disrespect boundaries miller johnson political subdivisions counties district intact divided see joint exh puts eleventh district state average divided counties contrast sixth district counties none intact fourth district counties intact ibid percent eleventh district boundaries track borders political subdivisions see edmondson dissenting state districts score worse eleventh district criterion score better see defendant exh percent eleventh district geographic area composed intact counties average state congressional districts edmondson dissenting notably eleventh district boundaries largely follow precinct lines miller johnson evidence trial similarly shows considerations race went determining eleventh district boundaries political reason accommodate request incumbent state senator regarding placement precinct son lived dekalb county portion eleventh district drawn include particular largely white precinct tr corridor effingham county substantially narrowed request white state representative tr chatham county district trimmed exclude heavily black community garden city state representative wanted keep city intact inside neighboring first district tr savannah extension configured narrowest means possible avoid splitting city port wentworth tr georgia eleventh district sum outlier district shaped without reference familiar districting techniques tellingly district decision today unsettles among statistically calculated list bizarre districts study prepared wake decision shaw see pildes niemi miller johnson although attorney general refused preclearance first two plans approved georgia legislature state thereby disarmed georgia demanded relief department objections instituting civil action district district columbia ultimate review instead pursuing avenue state chose adopt plan controversy plan state forcefully defends us respect georgia choice taking position brief genuine ethnicity tie people together volumes social science literature documented even people divergent economic interests reason ethnicity significant force political life stated classic study ethnicity one city immigrants elements history family feeling interest formal organizational life operate keep much new york life channeled within bounds ethnic miller johnson group political realm least willing consider ethnicity purely private affair olitical life emphasizes ethnic character city balanced tickets special appeals glazer moynihan beyond melting pot accommodate reality ethnic bonds legislatures long drawn voting districts along ethnic lines nation cities full districts identified ethnic character chinese irish italian jewish polish russian example see erie rainbow end dilemmas urban machine politics describing jersey city horseshoe district lumping city irish together coveted landmarks add twist redistricting task times pp san francisco irish catholic state assembly member wanted district drawn following catholic parish lines parishes went baptisms weddings funerals district stone goode bad indifferent washington monthly pp discussing law ethnic loyalty universal law politics identifying predominantly italian wards south philadelphia jewish los angeles district polish district chicago creation ethnic districts reflecting felt identity ordinarily viewed offensive demeaning included delineation miller johnson iii miller johnson adopting districting plans however treat people individuals apportionment schemes nature assemble people groups assign voters districts based merit achievement standards might use hiring employees engaging contractors rather legislators classify voters groups economic geographical political social characteristics reconcile competing claims groups davis bandemer concurring judgment ethnicity defines groups political reality see supra constitutional infirmity seen districting irish italian voters together example long delineation abandon familiar apportionment practices see supra may seek secure group recognition delineation voting districts dissimilarly treated otherwise name equal protection shut minority group whose history gave birth equal protection clause see shaw miller johnson slip stevens dissenting special circumstances justify vigilant judicial inspection protect minority voters circumstances apply majority voters history exclusion state politics left racial minorities without clout extract provisions fair representation lawmaking forum see supra equal protection rights minority voters thus remained unrealized absent judiciary close surveillance cf carolene products referring searching judicial inquiry may properly attend classifications adversely affecting discrete insular minorities majority definition encounters blockage white voters georgia lack means exert strong pressure state legislators force numbers powerful determiner legislature coincide perceived majority interests state legislatures like georgia today operate federal miller johnson constraints imposed voting rights act constraints justified history designed congress make people free equal citizens federal constraints leave majority voters need extraordinary judicial solicitude attorney general administers voting rights act preclearance requirements political actor duty enforce law congress passed doubt aware political cost venturing far detriment majority voters majority voters furthermore press state seek judicial review attorney general refuses preclear plan voters favor finally act political measure subject modification political process litigation either voting rights act new miller standard assured plans conscious race safe federal judges large numbers may drawn fray enlargement judicial role unwarranted reapportionment plan resulted georgia political process merited approbation condemnation accordingly miller johnson dissent georgia population approximately percent black johnson miller supp sd vote dilution category gomillion lightfoot pathmarker city tuskegee redrew boundaries exclude black voters apportionment unconstitutional simply motivated race notably dilutive effect disenfranchised tuskegee black community see essential inevitable effect redefinition tuskegee boundaries remove city save four five negro voters removing single white voter resident result act deprive negro petitioners discriminatorily benefits residence tuskegee including inter alia right vote municipal georgia first second eighth districts total area square miles supp sd edmondson dissenting although eleventh district comes within miles crossing entire state unusual georgia ninth district spans state entire northern border first second eighth districts begin florida border stretch north almost middle state see edmondson dissenting georgia eighth district extended even farther irregular pattern southeast border florida nearly atlanta suburbs see app first district intact counties parts others second district intact counties parts others third district intact counties parts others fifth district composed parts counties seventh district intact counties part county eighth district intact counties parts others ninth district intact counties part tenth district intact counties parts others see joint exh sixth district scores lowest percent boundaries following political subdivision lines ninth district rates highest percent defendant exh measure districts first seventh ninth rate higher eleventh district excluding fifth sixth districts contain intact counties scores range percent fourth district percent seventh district defendant exh turns significance fact head stating boundaries eleventh indeed follow many precinct lines meggers designed eleventh district along racial lines race data accessible precinct level ante quoting curious comment one demur yes georgia plan considered race following precinct lines altogether proper way without miller johnson disregarding traditional districting practices appendices opinion depict respectively proposed eleventh district plan georgia current congressional districts district controversy shaw indeed key feature ante plan placing parts savannah eleventh district first figured proposal adopted georgia senate even attorney general suggested course edmondson dissenting follow precedent directly point jewish organizations williamsburgh carey ujo even though state deliberately used race purposeful manner create districts opinion white joined rehnquist stevens jj seven eight justices participating voted uphold state plan without subjecting strict scrutiny five justices specifically agreed intentional creation districts give rise equal protection claim absent proof districting diluted majority voting strength see ibid opinion white joined rehnquist stevens jj stewart concurring judgment joined powell ujo best understood vote dilution case petitioners claim ujo state violated fourteenth fifteenth amendments deliberately revising reapportionment plan along racial lines opinion white joined brennan blackmun stevens jj emphasis added petitioners stated argument history area demonstrates fact reason race divide community time quoting brief petitioners emphasis brief petitioners though much like claim shaw ujo claim failed ujo district adhered traditional districting practices see opinion white joined rehnquist stevens jj miller johnson think permissible state employing sound districting principles compactness population equality creat districts afford fair representation members racial groups sufficiently numerous whose residential patterns afford opportunity creating districts majority emphasis added practices state may elect pursue course limited may required pursue see voinovich quilter slip ederal courts may order creation districts unless necessary remedy violation federal law mean state powers similarly limited quite opposite true citation omitted page