, MISSISSIPPI REPUBLICAN EXECUTIVE COMMITTEE v. BROOKS :: 469 U.S. 1002 (1984) :: US LAW US Supreme Court Center

MISSISSIPPI REPUBLICAN EXECUTIVE COMMITTEE v. BROOKS :: 469 U.S. 1002 (1984) :: US LAW US Supreme Court Center

    U.S. Supreme Court

    MISSISSIPPI REPUBLICAN EXECUTIVE COMMITTEE v. BROOKS , 469 U.S. 1002 (1984)

    469 U.S. 1002

    MISSISSIPPI REPUBLICAN EXECUTIVE COMMITTEE
    v.
    Owen H. BROOKS et al
    No. 83-1722

    Owen H. BROOKS et al.
    v.
    William A. ALLAIN, Governor of Mississippi, et al
    No. 83-1865

    William A. ALLAIN et al.
    v.
    Owen H. BROOKS et al
    No. 83-2053

    Supreme Court of the US

    November 13, 1984

    The judgment is affirmed.

    Justice STEVENS, concurring.

    Although I agree that a summary affirmance of the judgment of the District Court is absolutely appropriate in these cases, what has been written in dissent prompts me to make vital factors.

    First, there's little, if any, resemblance among the argument superior within the dissenting opinion and the precise questions presented in the parties jurisdictional statements. This Court has decided that summary affirmances "reject the precise challenges supplied inside the announcement of jurisdiction." Mandel v. Bradley, 432 U.S. 173, 176, ninety seven S. Ct. 2238, 2240 (1977). The only questions presented

    Page 469 U.S. 1002 , 1003

    within the jurisdictional statement that the Mississippi Republican Executive Committee filed in case No. eighty three-1722 examine as follows:

      "1. Whether Section 5 and Section 2 as amended follow to redistricting decisions.

      "2. Whether the amendment to Section 2 or any other part of the Voting Rights Amendments of 1982 has any bearing upon litigation below Section five.

      "three. Whether Section 2 as amended prohibits handiest those electoral schemes intentionally designed or maintained to discriminate on the premise of race.

      "four. Whether Section 2, if construed to prohibit whatever other than intentional discrimination on the premise of race in registration and vote casting, exceeds the electricity vested in Congress through the Fifteenth Amendment." Juris. Statement in No. eighty three-1722, p. i.1

    Second, the dissent does no longer pretty characterize the opinion of the District Court. That opinion does no longer "in effect" construe the current amendment to two of the Voting Rights Act of 1965, 96 Stat. 134, forty two U.S.C . 1973, as entitling "minority plaintiffs, in a State wherein there exist present results from past discrimination, to have a nation redistricting plan invalidated if it has did not provide at the least one district wherein the minority is a majority of the eligible citizens." Post, at 1005 . The dissent buttresses this wrong influence by using attributing the subsequent assertion to the District Court:

      "The District Court felt it was obligated, underneath the 1982 amendments to the Voting Rights Act, to redraw the district map so that the redefined Second District could have a clean black vote casting age populace majority of 52.83 percentage. " Post, at 1008. [469 U.S. 1002 , 1004]


      U.S. Supreme Court

      MISSISSIPPI REPUBLICAN EXECUTIVE COMMITTEE v. BROOKS , 469 U.S. 1002 (1984)

       469 U.S. 1002

      MISSISSIPPI REPUBLICAN EXECUTIVE COMMITTEE
      v.
      Owen H. BROOKS et al
      No. eighty three-1722

      Owen H. BROOKS et al.
      v.
      William A. ALLAIN, Governor of Mississippi, et al
      No. eighty three-1865

      William A. ALLAIN et al.
      v.
      Owen H. BROOKS et al
      No. 83-2053

      Supreme Court of the USA

      November 13, 1984

      The judgment is affirmed.

      Justice STEVENS, concurring.

      Although I agree that a summary affirmance of the judgment of the District Court is totally suitable in those instances, what has been written in dissent prompts me to make crucial factors.

      First, there is little, if any, resemblance between the argument advanced inside the dissenting opinion and the precise questions offered in the events jurisdictional statements. This Court has determined that summary affirmances "reject the precise demanding situations supplied in the announcement of jurisdiction." Mandel v. Bradley, 432 U.S. 173, 176, 97 S. Ct. 2238, 2240 (1977). The most effective questions provided

      Page 469 U.S. 1002 , 1003

      within the jurisdictional assertion that the Mississippi Republican Executive Committee filed in case No. 83-1722 study as follows:

        "1. Whether Section five and Section 2 as amended observe to redistricting decisions.

        "2. Whether the amendment to Section 2 or any other portion of the Voting Rights Amendments of 1982 has any bearing upon litigation below Section 5.

        "three. Whether Section 2 as amended prohibits handiest the ones electoral schemes intentionally designed or maintained to discriminate on the basis of race.

        "four. Whether Section 2, if construed to limit some thing apart from intentional discrimination on the premise of race in registration and voting, exceeds the power vested in Congress by using the Fifteenth Amendment." Juris. Statement in No. eighty three-1722, p. i.1

      Second, the dissent does now not pretty characterize the opinion of the District Court. That opinion does now not "in effect" construe the current amendment to two of the Voting Rights Act of 1965, 96 Stat. 134, forty two U.S.C . 1973, as entitling "minority plaintiffs, in a State in which there exist gift effects from beyond discrimination, to have a state redistricting plan invalidated if it has didn't provide as a minimum one district in which the minority is a majority of the eligible electorate." Post, at 1005 . The dissent buttresses this incorrect affect by using attributing the subsequent announcement to the District Court:

        "The District Court felt it became obligated, under the 1982 amendments to the Voting Rights Act, to redraw the district map so that the redefined Second District would have a clear black balloting age populace majority of 52.eighty three percent. " Post, at 1008.

        Page 469 U.S. 1002 , 1004

        What the District Court without a doubt stated was this:

        "In the opinion of this court docket, after considering the totality of the occasions, the introduction of a Second District with a clean black vote casting age population majority of 52.83% is sufficient to conquer the results of past discrimination and racial bloc balloting and could provide a truthful and same contest to all electorate who may also take part in congressional elections." App. to Motion to Dismiss or Affirm in No. eighty three-1722, p. 14a.

      The District Court s conclusion that its remedy turned into required turned into not based totally on any belief that the law gives each minority institution an entitlement to a few form of proportional representation. Its end became quite the contrary. It rested on particular findings of truth describing the impairment-or "dilution" if you may-of the voting power of the black minority in Mississippi. Those genuine findings display that Mississippi has a long records of de jure and de facto race discrimination,2 that racial bloc vote casting is

      Page 469 U.S. 1002 , 1005

      common in Mississippi, and that political processes have no longer been equally open to blacks. [Footnote three]

      Because I locate no benefit in any of the unique challenges offered in the parties jurisdictional statements,four and because the file supports the District Court s findings of truth, because the dissent notes, post, at 423, I be a part of the Court s summary affirmance.

      Justice REHNQUIST, with whom THE CHIEF JUSTICE joins, dissenting.

      The District Court s ruling in those instances offers crucial questions regarding the construction of the latest modification to two of the Voting Rights Act of 1965, ninety six Stat. 134, 42 U.S.C. 1973. The District Court in effect has construed the amendment to entitle minority plaintiffs, in a State where there exist gift results from beyond discrimination, to have a state redistricting plan invalidated if it fails to offer at least one district in which the "minority" is a majority of the eligible electorate. This is so despite the fact that the challenged redistricting plan is constitutional, isn't the made from discriminatory motive, and indeed was meant via the

      Page 469 U.S. 1002 , 1006

      courtroom which adopted it to "deal fairly with [the State s] black residents by using heading off any scheme that has the purpose or effect of unnecessarily minimizing or fragmenting black balloting energy."

      In 1982, the District Court in those cases followed a redistricting plan for Mississippi s congressional districts on the way to treatment district populace disparities, revealed by way of the 1980 census, of up to 17%. In selecting from among several plans provided through the litigants, it sought a plan that might "fulfill the only man or woman, one vote rule and keep away from any dilution of minority voting strength." Jordan v. Winter, 541 F. Supp. 1135, 1142 (ND Miss.1982) (Jordan I ). The court similarly found that "[w]hat is required is that the nation deal fairly with its black residents by using heading off any scheme that has the motive or impact of unnecessarily minimizing or fragmenting black balloting strength." Id., at 1143. The court docket chose the so-referred to as "Simpson" plan because it satisfied most of the State s coverage considerations in districting, created districts with forty% or higher black populace, and covered a district in which nearly fifty four% of the populace become black.

      On attraction to this Court, the judgment of the District Court turned into vacated and the case remanded for reconsideration inside the light of the 1982 amendments to the Voting Rights Act. Brooks v. Winter, 461 U.S. 921 (1983). On remand, the District Court observed that the very plan which it had approved and adopted in 1982 become illegal under the amended 2 of the Voting Rights Act due to the fact "the structure of the Second Congressional District particularly unlawfully diluted black balloting power." Jordan v. Winter, No. GC82-eighty-WK-zero (ND Miss., Apr. 16, 1984) (Jordan II ). I suppose the as an alternative tremendous end that the 1982 amendments to the Voting Rights Act made unlawful a plan followed via the District Court, which plan the District Court had followed that allows you to the requirement that "the state deal pretty with its black residents by warding off any scheme that has the cause or impact of unnecessarily minimizing or fragmenting black vote casting energy," 541 F.Supp., at 1143, have to acquire plenary overview through this Court.

      After being offered with the census information revealing the previously cited populace disparities among existing congressional districts, the Mississippi Legislature in 1981 enacted a new redistricting plan. The Lawyer General of the United States refused preclearance, however, and the legislature adjourned without enacting a brand new plan. A 3-choose District Court changed into convened to pay attention actions filed by way of corporations of Mississippi voters

      Page 469 U.S. 1002 , 1007

      looking for a court-ordered interim plan for the 1982 congressional elections. That court refused to vicinity in impact the legislative plan which had not been precleared, and held the present districting statute unconstitutional because of the populace disparities. It then adopted the "Simpson" plan from among numerous plans submitted to it with the aid of the litigants. Jordan I, supra.

      In choosing the "Simpson" plan, the court docket accompanied the coaching of Upham v. Seamon, 456 U.S. 37 (1982), which calls for courts to style meantime plans that adhere to a State s political rules. The courtroom diagnosed Mississippi s political districting policies as follows: (1) minimal change from 1972 district lines; (2) least viable populace deviation; (three) protection of the electoral base of incumbent congressmen; and (4) established order of two districts with forty% or better black populace. The court docket mainly rejected plans proposed by using a set of black plaintiffs. These plans could have stored the predominantly black northwest or "Delta" portion of Mississippi intact, and might have blended that place with predominantly black quantities of Hinds County and the town of Jackson. Each of these plans might have resulted in one congressional district with a black populace of approximately sixty five%. The "Simpson" plan, alternatively, combined 15 Delta or partly Delta counties with six predominantly white jap rural counties, and led to a congressional district with a 53% black population, but a forty eight% black voting population. The District Court discovered the "Simpson" plan most almost in accord with the State s regulations articulated above. The rejected plans would have ended in best one district with extra than forty% black population; this changed into contrary to the affordable kingdom policy set up to guarantee that blacks would have an effective voice in choosing representatives in multiple district. In addition, the court referred to that the black plaintiffs had controlled to vicinity a excessive percentage of black voters in a unmarried congressional district most effective via obvious and unseemly racial gerrymanders.

      When this Court eventually vacated the District Court s judgment for reconsideration within the light of the 1982 change the District Court held further evidentiary hearings, and concluded that its very own plan violated the amended phase. This violation occurred, inside the opinion of the District Court, due to the fact "the shape of the Second Congressional District mainly unlawfully diluted black balloting electricity." Under the plan adopted via the District Court in 1982, the Second District had a

      Page 469 U.S. 1002 , 1008

      black populace of fifty three.77%, however blacks comprised best 48.09% of the voting age population. The District Court felt it turned into obligated, beneath the 1982 amendments to the Voting Rights Act, to redraw the district map in order that the redefined Second District might have a "clean black voting age population majority of 52.eighty three percent." In doing so, the District Court " recognize[d] that the introduction of a Delta District with a majority black vote casting age population implicates difficult problems regarding the truthful allocation of political strength." Jordan II, supra.

      Any statute that would lead a District Court to reject a plan which it had formerly located truthful to all involved in prefer of one together with an compulsory district with a majority black voting age population deserves careful interest, and so I turn to the language of the Voting Rights Act as amended in 1982. The District Court in its maximum current opinion set out the statutory provisions in the direction of the beginning of its opinion, but scarcely cited that language again, and alternatively went on to cite drastically from the Senate Report of the 1982 amendments. The applicable statutory language is that this:

      "(a) No balloting qualification or prerequisite to vote casting or preferred, exercise, or process will be imposed or implemented by way of any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the USA to vote attributable to race or colour, or in contravention of the guarantees set forth in segment 4(f)(2), as supplied in subsection (b).

      "(b) A violation of subsection (a) is installed if, based on the totality of situations, it is shown that the political approaches main to nomination or election in the State or political subdivision are not similarly open to participation by way of individuals of a category of citizens included by means of subsection (a) in that its individuals have much less opportunity than other members of the voters to take part inside the political process and to elect representatives of their preference. The extent to which contributors of a covered magnificence had been elected to office inside the State or political subdivision is one condition which may be taken into consideration: Provided, That nothing on this section establishes a right to have contributors of a included elegance elected in numbers identical to their proportion within the populace." 96 Stat. 134, forty two U.S.C. 1973 (emphasis in authentic).

      Page 469 U.S. 1002 , 1009

      Applying the statutory language to the scenario confronting the District Court after our remand, the "balloting qualification or prerequisite to vote casting or general, exercise, or system" to which the amended statute is to be applied is obviously the 1982 plan adopted by means of the District Court. That courtroom simply thought so, and no other " qualification . . . wellknown, exercise, or method" shows itself. There has in no way been any inspiration that the plan followed via the District Court in 1982 denied or abridged the proper of any citizen to vote due to race or coloration, so if that plan does violate the amended Act it's far because it contravenes "the guarantees set forth . . . in subsection (b )."

      Subsection (b), in flip, offers that a contravention of subsection (a) is installed if "it's far proven that the political strategies leading to nomination or election in the State or political subdivision are not similarly open to participation by way of members of a class of citizens blanketed through subsection (a)." The District Court read subsection (b) as though it have been totally divorced from subsection (a), and proceeded to enumerate factors in the political records of Mississippi which it felt indicated that the plan it had followed in 1982 "unlawfully dilutes minority balloting power." Jordan II, supra. The District Court did not nation what it understood the term "unlawfully dilutes minority vote casting strength" to intend, and given that that term is nowhere used within the statutory language one is left to infer that the court derived the vital which means for the language from the file of the Senate Judiciary Committee which it referred to at a few duration. The District Court s understanding of what's required with the aid of 2 is tremendously questionable in light of the statute s language and legislative records. To completely examine the District Court s evaluation it is necessary to check the occasions preceding the modification of two.1

      Page 469 U.S. 1002 , 1010

      In Mobile v. Bolden, 446 U.S. 55 (1980 ), this Court wrestled with the query whether legislative "reason" to discriminate ought to exist for you to discover that a particular legislative movement violates the Voting Rights Act, or whether or not it changed into sufficient that the legislative action have a "discriminatory impact." In Mobile black plaintiffs had brought an action tough the constitutionality of the metropolis s at-massive approach of electing its commissioners. We produced six one of a kind evaluations debating among ourselves whether or not discriminatory intent became required to find a violation of the Fifteenth Amendment, or whether " an invidious discriminatory motive may be inferred from the totality of information." Id., at 95 (WHITE, J., dissenting). None of the opinions challenged the belief of the plurality that the Voting Rights Act because it then existed added "not anything to the appellee s Fifteenth Amendment declare." Id., at 61 (opinion of Stewart, J.).

      It is obvious that the 1982 amendment changed into precipitated in large part by way of the retaining of Mobile. But the language used within the amended statute is, to mention the least, alternatively unclear. The legislative records indicates that Congress was nicely aware about the "reason consequences" dichotomy, and of the problems with figuring out movements with discriminatory "consequences." The invoice originally exceeded the House underneath a loose information that 2 might restrict all discriminatory "results" of balloting practices, and that motive could be "beside the point." H.R.Rep. No. 97-227, p. 29 (1981). This version met stiff resistance in the Senate, but. Two Senate Subcommittees held giant hearings, at which testimony became given concerning the tendency of a "results" technique to lead to requirements that minorities have proportional representation, or to devolve into basically standardless and ad hoc judgments. See, e.g., Hearings on S. fifty three, S. 1761, S. 1975, S. 1992, and H.R. 3112 earlier than the Subcommittee at the Constitution of the Senate Committee on the Judiciary, 97th Cong., 2nd Sess ., 1309-1313, 1334-1338 (1982). The Subcommittees couldn't agree at the proposed modification, and at that factor Senator Dole stepped in with a proposed compromise. The compromise bill retained the "outcomes" language but also incorporated language at once from this Court s opinion in White v. Regester, 412 U.S. 755 (1973), and bolstered the caveat in opposition to proportional illustration. The debates at the compromise focused on whether the "consequences" language might however offer for proportional illustration, or simply for equal " get admission to" to the political technique. Senator

      Page 469 U.S. 1002 , 1011

      Dole took the placement that "get right of entry to" simplest was required with the aid of amended 2: "[ T]he concept of identifiable businesses having a right to be elected in proportion to their vote casting potential turned into repugnant to the democratic ideas on which our society is based totally." 128 Cong.Rec. 14132 (1982) ( comments of Senator Dole). This function changed into adopted through many supporters of the compromise within the Senate, and the invoice exceeded as written.

      The District Court apparently felt obliged to reach a conclusion in anxiety with this legislative history because of language in the Senate Judiciary Committee Report at the 1982 amendment declaring that the "effects" language of two(a) was meant to "repair the pre-Mobile [v. Bolden ] criminal popular which governed instances tough election structures or practices as an unlawful dilution of the minority vote." S.Rep. No. 97-417, p. 27 (1982 ). The Report then enumerates the factors courts may also recollect in determining whether plaintiffs have established a contravention of 2, factors apparently derived from this Court s opinion in White v. Regester, supra. [Footnote 2] Applying these "factors," the District Court determined that Mississippi has a long history of de jure and de facto race discrimination, which has present outcomes in impeding black voter registration and turnout. It stated that despite the fact that blacks constitute 35% of the State s population, no black has been elected to Congress for the reason that Reconstruction duration, and none has been elected

      Page 469 U.S. 1002 , 1012

      to statewide office on this century. Furthermore, the court discovered socioeconomic disparities between blacks and whites inside the Delta place, and in the end, that electorate in Mississippi have previously voted and persevered to vote on the idea of the race of candidates for non-compulsory office. The District Court concluded from this that the adoption of a plan wherein the Second District contained less than a majority of citizens from a covered elegance "diluted" the class vote casting power.

      Thus we've got a statute whose that means is by no means easy to determine, supplemented through legislative history which led the District Court in this situation to finish that best the inclusion within one congressional district of a majority black balloting age populace ought to satisfy the Act. I think it could be pretty argued from the legislative history, and from the express caveat that the segment turned into not supposed to establish a right to proportional illustration, that during amending 2 Congress did no longer intend courts to supersede nation voting laws for the only purpose of enhancing the danger of minorities to select contributors in their personal magnificence.

      To excellent understand the that means of the Senate Committee s references to our choices in Mobile and White v. Regester, it's far vital to don't forget that those cases treated challenges to multimember legislative districts. It is best in this context that phrases which includes "vote dilution" make any experience, for the word itself suggests a norm with recognize to which the truth of dilution can be ascertained. In the case of multimember districts, the norm to be had for as a minimum theoretical purposes is the unmarried-member district. But while we flip from assaults on multimember districts to assaults on the manner strains are drawn in creating 5 unmarried- member congressional districts, as in the cases handy, phrases which includes " vote dilution" and elements relied upon to decide discriminatory effect are all but useless as analytical gear. Neither White v. Regester, Mobile v. Bolden, nor Zimmer v. McKeithen, 485 F.2d 1297 (CA5 1973), a case additionally dealing with challenges to multimember legislative districts, ever cautioned that their evaluation ought to be carried over to challenges addressed to unmarried-member districts. And whichever of the views espoused in Mobile is discovered to had been adopted by the 1982 change, it'd appear that a plan followed by the District Court underneath the command "that the nation deal fairly with its black residents by using warding off any scheme that has the motive or

      Page 469 U.S. 1002 , 1013

      impact of unnecessarily minimizing or fragmenting black balloting energy" must be home unfastened below either take a look at.

      Under this view, the District Court s most current opinion and judgment appear to me to provide clearly insuperable problems. Although we might also regretfully concede that the District Court s findings had been accurate, it however seems a non sequitur to mention that the past discrimination, and its present results, have "resulted" in "dilution" of minority balloting strength through the adoption of this unique districting plan. To the quantity that fewer blacks vote due to past discrimination, that in itself diminishes minority vote casting energy. But this occurs no matter any precise kingdom vote casting practice or method. As the plurality opinion in Mobile diagnosed in every other context, "beyond discrimination can't, inside the way of original sin, condemn governmental action that isn't always itself illegal." Mobile, 446 U.S ., at 74. Here the best locating even remotely related to the boundaries of the Second Congressional District under the 1982 plan is what the District Court referred to as "socioeconomic disparities among blacks and whites within the Delta area." The findings as to the records of racial discrimination and bloc voting reputedly acquired at some stage in the State. It is apparent that no plan followed by way of the Mississippi Legislature or the District Court ought to probably have mitigated or subtracted one jot or name from those findings of past discrimination. What we've, consequently, is in effect a statement by way of the District Court that because of these beyond examples of racial discrimination at some point of the State, any plan followed both by way of the legislature or by using a courtroom which did no longer give blacks considered one of five congressional districts wherein they had a majority of the balloting age populace violated the 1982 amendments to the Voting Rights Act. Under this evaluation, reason and impact are absolutely severed.

      For those motives, I think the judgment of the District Court presents widespread questions regarding the translation of a new amendment to the Voting Rights Act of 1965, and that the Court seriously misapprehends its duty in this kind of case whilst it summarily affirms the judgment of the District Court.

    Footnotes

    Footnote 1 The jurisdictional declaration that William A. Allain and others filed in No. 83-2053 offers questions which are similar to those presented in No. 83-1722 and also affords the query whether the District Court erroneously determined as a reality that black folks in Mississippi-and in particular inside the Delta typically-have less education, decrease incomes, and extra menial occupations than white individuals, and that there was racially polarized balloting in Mississippi. See n. 2, infra. Nothing within the dissenting opinion indicates that it believes these questions benefit full briefing and argument. In my judgment the jurisdictional announcement in No. eighty three-1865 increases a more severe query, but I do no longer understand that the dissenting opinion favors overview of that question.

    Footnote 2 Regarding past discrimination, the District Court cautiously observed that Mississippi had often used ballot taxes, literacy checks, residency requirements, white primaries, and violence to intimidate black people from registering to vote. More importantly, the courtroom observed "that the outcomes of the historic authentic discrimination in Mississippi presently obstruct black voter registration and turnout." App. to Motion to Dismiss or Affirm in No. eighty three-1722, p. 9a. Additionally, the court docket wrote:

      "Black registration inside the Delta region continues to be disproportionately lower than white registration. No black has been elected to Congress since the Reconstruction duration, and none has been elected to statewide workplace in this century. Blacks preserve less than ten percent of all non-obligatory places of work in Mississippi, even though they constitute 35% of the nation s population and a majority of the population of 22 counties.
      "The evidence of socio-monetary disparities between blacks and whites within the Delta vicinity and the nation as a whole is likewise probative of minorities unequal get entry to to the political manner in Mississippi. Blacks in Mississippi, mainly within the Delta location, usually have much less education, lower earning, and extra menial occupations than whites. The State of Mississippi has a history of segregated faculty systems that provided inferior schooling to blacks. . . . Census information suggest lingering consequences of past discrimination: the median circle of relatives profits in the Delta place (Second District) for whites is $17,467, in comparison to $7,447 for blacks; extra than half of the grownup blacks in the Second District have attained best zero to eight years of schooling, whilst the majority of white adults on this District have finished four years of excessive faculty; the unemployment rate for blacks is to 3 times that for whites; and blacks normally live in inferior housing." Id., at 9a-10a (footnote overlooked).

    Footnote 3 The courtroom additionally observed that there existed "persuasive proof" that Mississippi s political procedures have not lately been open to black persons. In addition, the court in particular referred to the subsequent message accompanying a marketing campaign tv business:

      "You recognize, there s something about Mississippi that outsiders will never, ever understand. The way we sense approximately our own family and God, and the traditions that we have. There is a new Mississippi, a Mississippi of new jobs and new opportunity for all our residents. [video pan of black factory workers] We welcome the new, however we should never, ever neglect what has gone earlier than. [video pan of Confederate monuments] We can't overlook a historical past that has been sacred through our generations." Id., at 12a, n. 8.

    The business opened and closed with a view of Confederate monuments ; the candidate that ran the commercial used "He s one of us" as his marketing campaign slogan. Ibid.

    Footnote 4 Indeed, it have to be cited that the District Court s plan would be an acceptable remedy for the violations although it did now not regard the Simpson plan itself as a violation of 2 of the Voting Rights Act as amended. For after our remand, the District Court could have as it should be decided that the coverage of that Act, coupled with the findings of reality concerning the consequences of historic discrimination, especially within the Delta location, required a remedy that hooked up as a minimum one district wherein black folks represented an effective majority of the eligible voters.

    [Footnote 1] Justice STEVENS concurrence indicates that my evaluation is unwarranted because the problems I understand with the District Court s opinion were no longer in particular raised by the "questions provided" in appellants jurisdictional statements. I believe, but, that several of the "questions provided" "fairly consist of" the troubles that I cope with. In specific, query 3, quoted ante, at 1003 (STEVENS, J., concurring), raises the question of the scope of pastime Congress meant to proscribe beneath 2. I want now not agree a hundred% with appellants position-that 2 best proscribes intentionally discriminatory behavior-to reach the query whether the District Court misconstrued Congress intent.

    [Footnote 2] Those elements are:

      "1. the quantity of any history of reliable discrimination within the nation or political subdivision that touched the proper of the participants of the minority institution to sign up, to vote, or otherwise to participate in the democratic technique;
      "2. the extent to which balloting inside the elections of the country or political subdivision is racially polarized.
      "3. the volume to which the nation or political subdivision has used surprisingly huge election districts, majority vote requirements, anti- single shot provisions, or other voting practices or strategies that may beautify the opportunity for discrimination in opposition to the minority organization;
      "4. if there's a candidate slating manner, whether or not the contributors of the minority group were denied get entry to to that technique;
      "five. the extent to which individuals of the minority group within the kingdom or political subdivision undergo the outcomes of discrimination in such areas as schooling, employment and health, which prevent their potential to participate correctly within the political manner;
      "6. whether political campaigns were characterized by overt or subtle racial appeals;
      "7. the quantity to which individuals of the minority group have been elected to public office in the jurisdiction." S.Rep. No. ninety seven-417, at 28- 29.

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