Shaw v. Reno, 509 U.S. 630, 27 (1993)

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656

SHAW v. RENO

Opinion of the Court

zarre shape of District 12 demonstrates, and that there is no evidence of black political cohesion. They also contend that recent black electoral successes demonstrate the willingness of white voters in North Carolina to vote for black candidates. Appellants point out that blacks currently hold the positions of State Auditor, Speaker of the North Carolina House of Representatives, and chair of the North Carolina State Board of Elections. They also point out that in 1990 a black candidate defeated a white opponent in the Democratic Party runoff for a United States Senate seat before being defeated narrowly by the Republican incumbent in the general election. Appellants further argue that if § 2 did require adoption of North Carolina's revised plan, § 2 is to that extent unconstitutional. These arguments were not developed below, and the issues remain open for consideration on remand.

The state appellees alternatively argue that the General Assembly's plan advanced a compelling interest entirely distinct from the Voting Rights Act. We previously have recognized a significant state interest in eradicating the effects of past racial discrimination. See, e. g., Croson, 488 U. S., at 491-493 (opinion of O'Connor, J., joined by Rehnquist, C. J., and White, J.); id., at 518 (Kennedy, J., concurring in part and concurring in judgment); Wygant, 476 U. S., at 280- 282 (plurality opinion); id., at 286 (O'Connor, J., concurring in part and concurring in judgment). But the State must have a " 'strong basis in evidence for [concluding] that remedial action [is] necessary.' " Croson, supra, at 500 (quoting Wygant, supra, at 277 (plurality opinion)).

The state appellees submit that two pieces of evidence gave the General Assembly a strong basis for believing that remedial action was warranted here: the Attorney General's imposition of the § 5 preclearance requirement on 40 North Carolina counties, and the Gingles District Court's findings of a long history of official racial discrimination in North Carolina's political system and of pervasive racial bloc voting.

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