632
Syllabus
argument that racial gerrymandering poses no constitutional difficulties when the lines drawn favor the minority, since equal protection analysis is not dependent on the race of those burdened or benefited by a particular classification, Richmond v. J. A. Croson Co., 488 U. S. 469, 494 (plurality opinion). Finally, the highly fractured decision in UJO does not foreclose the claim recognized here, which is analytically distinct from the vote-dilution claim made there. Pp. 649-652. 2. If, on remand, the allegations of a racial gerrymander are not contradicted, the District Court must determine whether the plan is narrowly tailored to further a compelling governmental interest. A covered jurisdiction's interest in creating majority-minority districts in order to comply with the nonretrogression rule under § 5 of the Voting Rights Act does not give it carte blanche to engage in racial gerrymandering. The parties' arguments about whether the plan was necessary to avoid dilution of black voting strength in violation of § 2 of the Act and whether the State's interpretation of § 2 is unconstitutional were not developed below, and the issues remain open for consideration on remand. It is also unnecessary to decide at this stage of the litigation whether the plan advances a state interest distinct from the Act: eradicating the effects of past racial discrimination. Although the State argues that it had a strong basis for concluding that remedial action was warranted, only three Justices in UJO were prepared to say that States have a significant interest in minimizing the consequences of racial bloc voting apart from the Act's requirements and without regard for sound districting principles. Pp. 653-657. 3. The Court expresses no view on whether appellants successfully could have challenged a district such as that suggested by the Attorney General or whether their complaint stated a claim under other constitutional provisions. Pp. 657-658. 808 F. Supp. 461, reversed and remanded.
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. White, J., filed a dissenting opinion, in which Blackmun and Stevens, JJ., joined, post, p. 658. Blackmun, J., post, p. 676, Stevens, J., post, p. 676, and Souter, J., post, p. 679, filed dissenting opinions.
Robinson O. Everett argued the cause for appellants. With him on the briefs was Jeffrey B. Parsons. H. Jefferson Powell argued the cause for state appellees. With him on the briefs were Michael F. Easley, Attorney General of North Carolina, Edwin M. Speas, Jr., Senior
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