George W. Bush, Governor of Texas, et al. v. al Vera et al. (517 U.S. 952)
U.S. Supreme Court · decided June 13, 1996 · Supreme Court Database (Spaeth)
- Citation
- 517 U.S. 952 · 116 S. Ct. 1941
- Decided
- June 13, 1996
- Term
- October Term 1995
- Vote
- 5–4
- Majority author
- Justice O'Connor
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
- Constitutional ruling
- State/territorial law held unconstitutional
Opinion excerpt
Justice O’Connor announced the judgment of the Court and delivered an opinion, in which The Chief Justice and Justice Kennedy join. This is the latest in a series of appeals involving racial gerrymandering challenges to state redistricting efforts in the wake of the 1990 census. See Shaw v. Hunt, ante, p. 899 (Shaw II); United States v. Hays, 515 U. S. 787 (1995); Miller v. Johnson, 515 U. S. 900 (1995); Shaw v. Reno, 509 U. S. 630 (1993) (Shaw I). That census revealed a population increase, largely in urban minority populations, that entitled Texas to three additional congressional seats. In response, and with a view to complying with the Voting Rights Act of 1965 (VRA), 79 Stat. 437, as amended, 42 U. S. C. § 1973 et seq., the Texas Legislature promulgated a redistricting plan that, among other things, created District 30, a new majority-African-American district in Dallas County; created District 29, a new majority-Hispanic district in and around Houston in Harris County; and reconfigured District 18, which is adjacent to District 29, to make it a majority-African-American district. The Department of Justice pre-cleared that plan under VRA § 5 in 1991, and it was used in the 1992 congressional elections. The plaintiffs, six Texas voters, challenged the plan, alleging that 24 of Texas’ 30 congressional districts constitute racial gerrymanders in violation of the Fourteenth…
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