Miller v. Johnson, 515 U.S. 900, 6 (1995)

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Cite as: 515 U. S. 900 (1995)

Opinion of the Court

In Shaw v. Reno, supra, we recognized that these equal protection principles govern a State's drawing of congressional districts, though, as our cautious approach there discloses, application of these principles to electoral districting is a most delicate task. Our analysis began from the premise that "[l]aws that explicitly distinguish between individuals on racial grounds fall within the core of [the Equal Protection Clause's] prohibition." Id., at 642. This prohibition extends not just to explicit racial classifications, but also to laws neutral on their face but " 'unexplainable on grounds other than race.' " Id., at 644 (quoting Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977)). Applying this basic equal protection analysis in the voting rights context, we held that "redistricting legislation that is so bizarre on its face that it is 'unexplainable on grounds other than race,' . . . demands the same close scrutiny that we give other state laws that classify citizens by race." 509 U. S., at 644 (quoting Arlington Heights, supra, at 266).

This litigation requires us to apply the principles articulated in Shaw to the most recent congressional redistricting plan enacted by the State of Georgia.

B

In 1965, the Attorney General designated Georgia a covered jurisdiction under § 4(b) of the Voting Rights Act (Act), 79 Stat. 438, as amended, 42 U. S. C. § 1973b(b). 30 Fed. Reg. 9897 (1965); see 28 CFR pt. 51, App.; see also City of Rome v. United States, 446 U. S. 156, 161 (1980). In consequence, § 5 of the Act requires Georgia to obtain either administrative preclearance by the Attorney General or approval by the United States District Court for the District of Columbia of any change in a "standard, practice, or procedure with respect to voting" made after November 1, 1964. 42 U. S. C. § 1973c. The preclearance mechanism applies to

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