Shaw v. Reno, 509 U.S. 630, 20 (1993)

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Cite as: 509 U. S. 630 (1993)

Opinion of the Court

the democratic ideal, it should find no footing here." 376 U. S., at 66-67.

For these reasons, we conclude that a plaintiff challenging a reapportionment statute under the Equal Protection Clause may state a claim by alleging that the legislation, though race neutral on its face, rationally cannot be understood as anything other than an effort to separate voters into different districts on the basis of race, and that the separation lacks sufficient justification. It is unnecessary for us to decide whether or how a reapportionment plan that, on its face, can be explained in nonracial terms successfully could be challenged. Thus, we express no view as to whether "the intentional creation of majority-minority districts, without more," always gives rise to an equal protection claim. Post, at 668 (White, J., dissenting). We hold only that, on the facts of this case, appellants have stated a claim sufficient to defeat the state appellees' motion to dismiss.

C

The dissenters consider the circumstances of this case "functionally indistinguishable" from multimember districting and at-large voting systems, which are loosely described as "other varieties of gerrymandering." Post, at 671 (White, J., dissenting); see also post, at 684 (Souter, J., dissenting). We have considered the constitutionality of these practices in other Fourteenth Amendment cases and have required plaintiffs to demonstrate that the challenged practice has the purpose and effect of diluting a racial group's voting strength. See, e. g., Rogers v. Lodge, 458 U. S. 613 (1982) (at-large system); Mobile v. Bolden, 446 U. S. 55 (1980) (same); White v. Regester, 412 U. S. 755 (1973) (multimember districts); Whitcomb v. Chavis, 403 U. S. 124 (1971) (same); see also supra, at 640-641. At-large and multimember schemes, however, do not classify voters on the basis of race. Classifying citizens by race, as we have said, threatens spe-

649

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