SCOTUS: Shaw v. Reno

Facts

None of North Carolina’s representatives were African American in 1990
- 20% of the states population was African American though
In redistricting, a majority African American district was drawn
- When reviewed by a judge they suggested another majority African American district and another was drawn up
- This was all done in the name of representation
The districts were really weirdly shaped, showing gerrymandering
Gerrymandering is when congressional districts are drawn to favor one group or another
- Partisan gerrymandering is to favor one party over another
- Racial gerrymandering is to favor one racial group over another
The Voting Rights Act of 1965 says congressional district redrawings must be approved by the federal government (usually justice department)

Constitutional Principle

Equal Protection clause of 14th amendment
Shaw said it was violated because the districts were drawn with only race in mind
Reno said the EQ clause was not violated because they were drawn with the intention of helping residents subject to historic discrimination
Argument against Reno was the Constitution’s color blindness

Colorblind

The USC is interpreted as colorblind
Districts were drawn to favor one race over another and justice department said its ok if its a race that has been marginalized in the past
- The USC should not be colorblind and so interpreted

Decision

While the districts were drawn with noble intentions, districts drawn based solely on race were unconstiutional and could set a dangerous preceddent
EQ was violated

Impact