United States v. Hays, 515 U.S. 737, 11 (1995)

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Cite as: 515 U. S. 737 (1995)

Opinion of the Court

not have a right to sit on any particular petit jury, but he or she does possess the right not to be excluded from one on account of race." Id., at 409. But of course, where an individual juror is excluded from a jury because of race, that juror has personally suffered the race-based harm recognized in Powers, and it is the fact of personal injury that appellees have failed to establish here. Thus, appellees' argument that "they do have a right not to be placed into or excluded from a district because of the color of their skin," Brief for Appellees 16, cannot help them, because they have not established that they have suffered such treatment in this litigation.

Justice Stevens agrees that appellees lack standing, but on quite different grounds: In his view, appellees' failure to allege and prove vote dilution deprives them of standing, irrespective of whether they have alleged and proved the injury discussed in Shaw. Post, at 751; see also Miller v. Johnson, post, at 931 (Stevens, J., dissenting). Justice White's dissenting opinion in Shaw argued that position, see Shaw, 509 U. S., at 659 ("Appellants have not presented a cognizable claim, because they have not alleged a cognizable injury"); post, at 751-752 (quoting Justice White's dissent in Shaw), but it did not prevail. Justice Stevens offers no special reason to revisit the issue here.

We conclude that appellees have failed to show that they have suffered the injury our standing doctrine requires. Appellees point us to no authority for the proposition that an equal protection challenge may go forward in federal court absent that showing of individualized harm, and we decline appellees' invitation to approve that proposition in this litigation. Accordingly, the judgment of the District Court is vacated, and the cases are remanded with instructions to dismiss the complaint.

It is so ordered.

Justice Ginsburg concurs in the judgment.

747

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