Abrams v. Johnson, 521 U.S. 74, 25 (1997)

Page:   Index   Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Cite as: 521 U. S. 74 (1997)

Opinion of the Court

a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, post, p. 103.

Deputy Solicitor General Waxman argued the cause for the United States. With him on the briefs were Acting Solicitor General Dellinger, Assistant Attorney General Patrick, Deputy Solicitor General Bender, James A. Feldman, Steven H. Rosenbaum, and Miriam R. Eisenstein. Laughlin McDonald argued the cause for appellants Abrams et al. With him on the briefs were Neil Bradley, Mary Wyckoff, Elaine R. Jones, Norman J. Chachkin, Jacqueline Berrien, and Gerald R. Weber.

Michael J. Bowers, Attorney General of Georgia, argued the cause for appellees Miller et al. With him on the brief were Dennis R. Dunn, Senior Assistant Attorney General, and David F. Walbert, Special Assistant Attorney General. A. Lee Parks argued the cause and filed a brief for appellees Johnson et al.†

Justice Kennedy delivered the opinion of the Court. The electoral district lines for Georgia's congressional delegation are before us a second time, appeal now being taken from the trial court's rulings and determinations after our remand in Miller v. Johnson, 515 U. S. 900 (1995). The three-judge panel of the United States District Court for the Southern District of Georgia was affirmed in Miller after it found the Eleventh Congressional District unconstitutional as then drawn. Race, we held, must not be a predominant factor in drawing the district lines. Id., at 915-917.

Given the contorted shape of the district and the undue predominance of race in drawing its lines, it was unlikely the district could be redrawn without changing most or all of Georgia's congressional districts, 11 in total number. The

J. Gerald Hebert filed a brief for the Georgia Association of Black Elected Officials as amicus curiae urging reversal.

Sharon L. Browne and Deborah J. La Fetra filed a brief for the Pacific Legal Foundation as amicus curiae urging affirmance.

77

Page:   Index   Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: October 4, 2007