Miller v. Johnson, 515 U.S. 900, 32 (1995)

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

Stevens, J., dissenting

considered in the redistricting process. See Shaw v. Reno, 509 U. S. 630, 646 (1993); ante, at 916. But application of the Court's standard helps achieve Shaw's basic objective of making extreme instances of gerrymandering subject to meaningful judicial review. I therefore join the Court's opinion.

Justice Stevens, dissenting.

Justice Ginsburg has explained why the District Court's opinion on the merits was erroneous and why this Court's law-changing decision will breed unproductive litigation. I join her excellent opinion without reservation. I add these comments because I believe the appellees in these cases, like the appellees in United States v. Hays, ante, p. 737, have not suffered any legally cognizable injury.

In Shaw v. Reno, 509 U. S. 630 (1993), the Court crafted a new cause of action with two novel, troubling features. First, the Court misapplied the term "gerrymander," previously used to describe grotesque line-drawing by a dominant group to maintain or enhance its political power at a minority's expense, to condemn the efforts of a majority (whites) to share its power with a minority (African-Americans). Second, the Court dispensed with its previous insistence in vote dilution cases on a showing of injury to an identifiable group of voters, but it failed to explain adequately what showing a plaintiff must make to establish standing to litigate the newly minted Shaw claim. Neither in Shaw itself nor in the cases decided today has the Court coherently articulated what injury this cause of action is designed to redress. Because appellees have alleged no legally cognizable injury, they lack standing, and these cases should be dismissed. See Hays, ante, at 750-751 (Stevens, J., concurring in judgment).

Even assuming the validity of Shaw, I cannot see how appellees in these cases could assert the injury the Court attributes to them. Appellees, plaintiffs below, are white

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