Miller v. Johnson, 515 U.S. 900, 42 (1995)

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

Ginsburg, J., dissenting

to prevent dilution of a minority group's voting strength, see Regester, 412 U. S., at 765; Wright, 376 U. S., at 57.2

In Shaw, the Court recognized a third basis for an equal protection challenge to a State's apportionment plan. The Court wrote cautiously, emphasizing that judicial intervention is exceptional: Strict judicial scrutiny is in order, the Court declared, if a district is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting." 509 U. S., at 642.

"[E]xtrem[e] irregular[ity]" was evident in Shaw, the Court explained, setting out this description of the North Carolina voting district under examination:

"It is approximately 160 miles long and, for much of its length, no wider than the I-85 corridor. It winds in snakelike fashion through tobacco country, financial centers, and manufacturing areas until it gobbles in enough enclaves of black neighborhoods. Northbound and southbound drivers on I-85 sometimes find themselves in separate districts in one county, only to 'trade' districts when they enter the next county. Of the 10 counties through which District 12 passes, 5 are cut into 3 different districts; even towns are divided. At one point the district remains contiguous only because it intersects at a single point with two other districts before crossing over them. One state legislator has remarked that ' "[i]f you drove down the interstate with both car

2 In the vote dilution category, Gomillion v. Lightfoot, 364 U. S. 339 (1960), was a pathmarker. There, the city of Tuskegee redrew its boundaries to exclude black voters. This apportionment was unconstitutional not simply because it was motivated by race, but notably because it had a dilutive effect: It disenfranchised Tuskegee's black community. See id., at 341 ("The essential inevitable effect of this redefinition of Tuskegee's boundaries is to remove from the city all save only four or five of its 400 Negro voters while not removing a single white voter or resident. The result of the Act is to deprive the Negro petitioners discriminatorily of the benefits of residence in Tuskegee, including, inter alia, the right to vote in municipal elections.").

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