United States v. Hays, 515 U.S. 737, 4 (1995)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

740

UNITED STATES v. HAYS

Opinion of the Court

did Louisiana's congressional districting plan then in force.* The Attorney General refused to preclear the plan, claiming that Louisiana had failed to demonstrate that its decision not to create a second majority-minority district was free of racially discriminatory purpose. See Defense Exh. 17 in No. 92-1522 (WD La.) (letter from U. S. Dept. of Justice, Assistant Attorney General John Dunne, to Louisiana Assistant Attorney General Angie R. LaPlace, Oct. 1, 1991). The Attorney General subsequently precleared a revised BESE plan, which contained two majority-minority districts. See Brief for Appellants State of Louisiana et al. 3, n. 2.

As a result of the 1990 census, Louisiana's congressional delegation was reduced from eight to seven representatives, requiring Louisiana to redraw its district boundaries. Perhaps in part because of its recent experience with the BESE districts, the Louisiana Legislature set out to create a districting plan containing two majority-minority districts. See, e. g., Tr. 11 (Aug. 19, 1993). Act 42 of the 1992 Regular Session, passed in May 1992, was such a plan. One of Act 42's majority-minority districts, District 2, was located in the New Orleans area and resembled the majority-minority district in the previous district map. The other, District 4, was "[a] Z-shaped creature" that "zigzag[ged] through all or part of 28 parishes and five of Louisiana's largest cities." Congressional Quarterly, Congressional Districts in the 1990s, p. 323 (1993). A map of Louisiana's congressional districts

*Between Reconstruction and the early 1980's, all of Louisiana's congressional districts contained a majority of white citizens, and it had not elected any black congressional representatives. In 1983, a three-judge court invalidated Louisiana's 1982 districting plan, on the ground that it diluted minority voting strength in the New Orleans area in violation of VRA § 2, 42 U. S. C. § 1973, and ordered the legislature to draw up a new plan. See Major v. Treen, 574 F. Supp. 325 (ED La. 1983). The new plan contained a majority-black district in the New Orleans area; in 1990, that district elected Louisiana's first black representative since Reconstruction. See Congressional Quarterly, Congressional Districts in the 1990s, pp. 319-320 (1993).

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007