Johnson v. De Grandy, 512 U.S. 997, 32 (1994)

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Cite as: 512 U. S. 997 (1994)

Thomas, J., dissenting

making "in that the legislature always is aware of race when it draws district lines, just as it is aware of age, economic status, religion and political persuasion," we stated that "the difficulty of determining from the face of a single-member districting plan that it purposefully distinguishes between voters on the basis of race" does "not mean that a racial gerrymander, once established, should receive less scrutiny under the Equal Protection Clause than other state legislation classifying citizens by race." Id., at 646 (emphasis in original). We went on to hold that "a reapportionment scheme so irrational on its face that it can be understood only as an effort to segregate voters into separate voting districts because of their race" must be subject to strict scrutiny under the Equal Protection Clause. Id., at 658; see also id., at 649, 653. Given our decision in Shaw, there is good reason for state and federal officials with responsibilities related to redistricting, as well as reviewing courts, to recognize that explicit race-based districting embarks us on a most dangerous course. It is necessary to bear in mind that redistricting must comply with the overriding demands of the Equal Protection Clause. But no constitutional claims were brought here, and the Court's opinion does not address any constitutional issues. Cf. Voinovich v. Quilter, 507 U. S., at 157.

With these observations, I concur in all but Parts III-B-2, III-B-4, and IV of the Court's opinion and in its judgment.

Justice Thomas, with whom Justice Scalia joins, dissenting.

For the reasons I explain in Holder v. Hall, ante, p. 891, I would vacate the judgment of the District Court and remand with instructions to dismiss the actions consolidated in these cases for failure to state a claim under § 2 of the Voting Rights Act of 1965. 42 U. S. C. § 1973. Each of the actions consolidated in these cases asserted that Florida's apportionment plan diluted the vote of a minority group. In ac-

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