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- SUPREME COURT OF THE UNITED STATES
- --------
- Nos. 94-631, 94-797 and 94-929
- --------
- ZELL MILLER, et al., APPELLANTS
- 94-631 v.
- DAVIDA JOHNSON et al.
-
- LUCIOUS ABRAMS, Jr., et al., APPELLANTS
- 94-797 v.
- DAVIDA JOHNSON et al.
-
- UNITED STATES, APPELLANT
- 94-929 v.
- DAVIDA JOHNSON et al.
- on appeals from the united states district court
- for the southern district of georgia
- [June 29, 1995]
-
- Justice O'Connor, concurring.
- I understand the threshold standard the Court
- adopts--that the legislature subordinated traditional
- race-neutral districting principles . . . to racial consider-
- ations,- ante, at 15-to be a demanding one. To invoke
- strict scrutiny, a plaintiff must show that the State has
- relied on race in substantial disregard of customary and
- traditional districting practices. Those practices provide
- a crucial frame of reference and therefore constitute a
- significant governing principle in cases of this kind. The
- standard would be no different if a legislature had
- drawn the boundaries to favor some other ethnic group;
- certainly the standard does not treat efforts to create
- majority-minority districts less favorably than similar
- efforts on behalf of other groups. Indeed, the driving
- force behind the adoption of the Fourteenth Amendment
- was the desire to end legal discrimination against
- blacks.
- Application of the Court's standard does not throw
- into doubt the vast majority of the Nation's 435 congres-
- sional districts, where presumably the States have
- drawn the boundaries in accordance with their custom-
- ary districting principles. That is so even though race
- may well have been considered in the redistricting
- process. See Shaw v. Reno, 509 U. S. ___, ___ (1993)
- (slip op., at 14); ante, at 14. 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.
-