Growe v. Emison, 507 U.S. 25, 17 (1993)

Page:   Index   Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Cite as: 507 U. S. 25 (1993)

Opinion of the Court

points are established, there neither has been a wrong nor can be a remedy.5

In the present case, even if we make the dubious assumption that the minority voters were "geographically compact," there was quite obviously a higher-than-usual need for the second of the Gingles showings. Assuming (without deciding) that it was permissible for the District Court to combine distinct ethnic and language minority groups for purposes of assessing compliance with § 2, when dilution of the power of such an agglomerated political bloc is the basis for an alleged violation, proof of minority political cohesion is all the more essential. See Badillo v. Stockton, 956 F. 2d 884, 891 (CA9 1992); Concerned Citizens of Hardee County v. Hardee County Bd. of Comm'rs, 906 F. 2d 524 (CA11 1990); Campos v. Baytown, 840 F. 2d 1240, 1244 (CA5 1988), cert. denied, 492 U. S. 905 (1989). Since a court may not presume bloc voting within even a single minority group, see Gingles, supra, at 46, it made no sense for the District Court to (in effect) indulge that presumption as to bloc voting within an agglomeration of distinct minority groups.

We are satisfied that in the present case the Gingles preconditions were not only ignored but were unattainable. As the District Court acknowledged, the record simply "contains no statistical evidence" of minority political cohesion (whether of one or several minority groups) or of majority bloc voting in Minneapolis. 782 F. Supp., at 436, n. 30. And even anecdotal evidence is lacking. Recognizing this void, the court relied on an article identifying bloc voting as a

5 Gingles expressly declined to resolve whether, when a plaintiff alleges that a voting practice or procedure impairs a minority's ability to influence, rather than alter, election results, a showing of geographical compactness of a minority group not sufficiently large to constitute a majority will suffice. 478 U. S., at 46-47, n. 12. We do not reach that question in the present case either: Although the Emison plaintiffs alleged both vote dilution and minimization of vote influence (in the 1983 plan), the District Court considered only the former issue in reviewing the state court's plan.

41

Page:   Index   Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: October 4, 2007