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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. HAYS et al.
- appeal from the united states district court for
- the western district of louisiana
- No. 94-558. Argued April 19, 1995-Decided June 29, 1995
-
- Appellees claim in this litigation that Louisiana's congressional redis-
- tricting plan (Act 1) is a racial gerrymander that violates the
- Fourteenth Amendment's Equal Protection Clause. While their
- claim's primary focus is District 4, a majority-minority district,
- appellees live in District 5. The District Court invalidated Act 1,
- and the State and the United States, which had precleared Act 1
- pursuant to its authority under the Voting Rights Act of 1965,
- appealed directly to this Court.
- Held: Appellees lack standing to challenge Act 1. This Court has
- recognized that a generalized grievance against allegedly illegal
- governmental conduct is insufficient to provide standing, see, e.g.,
- Valley Forge Christian College v. Americans United for Separation
- of Church and State, Inc., 454 U. S. 464, and has applied that rule
- in the equal protection context, see Allen v. Wright, 468 U. S. 737,
- 755. Thus, appellees' position that ``anybody in the State'' can state
- a racial gerrymander claim is rejected, and they must show that
- they, personally, have been subjected to a racial classification.
- Appellees, however, have pointed to no evidence tending to show
- that they have suffered personal injury, and review of the record
- has revealed none. Assuming arguendo that the evidence here is
- sufficient to state a claim under Shaw v. Reno, 509 U. S. ___, with
- respect to District 4, it does not prove that the State Legislature
- intended District 5 to have a particular racial composition. Similar-
- ly, the fact that Act 1 affects all Louisiana voters by classifying each
- of them as a member of a particular congressional district does not
- mean that every voter has standing to challenge Act 1 as a racial
- classification. The Court's holding in Powers v. Ohio, 499 U. S. 400,
- that an individual has the right not to be excluded from a jury on
- account of race does not support appellees' position. A juror so
- excluded has personally suffered the race-based harm recognized in
- Powers, and it is the fact of personal injury that appellees have
- failed to establish here. Pp. 5-11.
- 862 F. Supp. 119, vacated and remanded.
- O'Connor, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and Scalia, Kennedy, Souter, Thomas, and Breyer,
- JJ., joined. Breyer, J., filed a concurring opinion, in which Souter,
- J., joined. Stevens, J., filed an opinion concurring in the judgment.
- Ginsburg, J., concurred in the judgment.
-