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- SUPREME COURT OF THE UNITED STATES
- --------
- Nos. 94-558 and 94-627
- --------
- UNITED STATES, APPELLANT
- 94-558 v.
- RAY HAYS et al.
-
- LOUISIANA, et al., APPELLANTS
- 94-627 v.
- RAY HAYS et al.
- on appeals from the united states district court
- for the western district of louisiana
- [June 29, 1995]
-
- Justice Stevens, concurring in the judgment.
- The majority apparently would find standing under
- Shaw v. Reno, 509 U. S. ___ (1993), for plaintiffs of all
- races who resided in an electoral district in which -the
- legislature[] reli[ed] on racial criteria- to classify all
- voters, ante, at 8, and who could show that they were
- -`placed into or excluded from a district because of the
- color of their skin.'- Ante, at 10 (citing Brief for
- Appellees 16). The majority fails to explain coherently
- how a State discriminates invidiously by deliberately
- joining members of different races in the same district;
- why such placement amounts to an injury to members
- of any race; and, assuming it does, to whom.
- The term -gerrymander- has long been understood to
- mean -any set of districts which gives some advantage
- to the party which draws the electoral map.- P.
- Musgrove, The General Theory of Gerrymandering 6
- (1977). As Justice Powell noted, -a colorable claim of
- discriminatory gerrymandering presents a justiciable
- controversy under the Equal Protection Clause.- Davis
- v. Bandemer, 478 U. S. 109, 185 (1986) (Powell, J.,
- dissenting); see also Gomillion v. Lightfoot, 364 U. S.
- 339 (1960). The complaint in this case, however, did not
- allege a discriminatory gerrymander. Respondents made
- no claim that any political or racial majority had drawn
- district lines to disadvantage a weaker segment of the
- community. Indeed, the complaint did not even identify
- the race or the political affiliation of any of the respond-
- ents. It simply alleged that every voter in Louisiana
- was injured by being deprived of the right -to participate
- in a process for electing members of the House of
- Representatives which is color-blind and wherein the
- right to vote is not limited or abridged on account of the
- designated race or color of the majority of the voters
- placed in the designated districts.- Pet. for Permanent
- Injunction and Declaratory Judgment in No. CV 92-1522
- (WD La.), p. 8, -29.
- Because the Court does not recognize standing to
- enforce -`a personal right to a government that does not
- deny equal protection of the laws,'- ante, at 7 (citing
- Valley Forge Christian College v. Americans United for
- Separation of Church and State, Inc., 454 U. S. 464,
- 489-490, n. 26 (1982)), it holds that the mere fact of
- respondents' Louisiana residency does not give them
- standing. I agree with that conclusion. What I do not
- understand is the majority's view that these racially
- diverse respondents should fare better if they resided in
- black-majority districts instead of white-majority dis-
- tricts. Respondents have not alleged or proved that the
- State's districting has substantially disadvantaged any
- group of voters in their opportunity to influence the
- political process. They therefore lack standing to argue
- that Louisiana has adopted an unconstitutional gerry-
- mander. See Davis, 478 U. S., at 125, 132-133. Even
- under a standing analysis that applied a more lenient
- rule for the victims of racial gerrymandering, see id., at
- 151-152 (O'Connor, J., concurring in judgment),
- respondents could not prevail, because they fail to allege
- having been -shut out of the political process.- Id., at
- 139 (opinion of White, J.).
- Accordingly, I cannot join the Court's opinion. I would
- simply hold that respondents have not made out the
- essential elements of a gerrymandering claim for the
- same reasons set forth in Justice White's dissenting
- opinion in Shaw:
- -Because districting inevitably is the expression of
- interest group politics, and because `the power to
- influence the political process is not limited to
- winning elections,' the question in gerrymandering
- cases is `whether a particular group has been
- unconstitutionally denied its chance to effectively
- influence the political process.'- Thus, `an equal
- protection violation may be found only where the
- electoral system substantially disadvantages certain
- voters in their opportunity to influence the political
- process effectively.'- Shaw, 509 U. S., at ___ (slip
- op., at 5-6) (quoting Davis, 478 U. S., at 132-133)
- (emphasis in original).
- Because these respondents have not alleged any legally
- cognizable injury, I agree that they lack standing. I
- therefore concur in the judgment.
-