Miller v. Johnson

515 U.S. 900 (1995)

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Nature of the Case

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Facts

In 1965, the Attorney General designated Georgia a covered jurisdiction under § 4(b) of the Voting Rights Act. This required Georgia to obtain either administrative preclearance by the Attorney General or approval by the Court of any change in a “standard, practice, or procedure with respect to voting” made after November 1, 1964. Between 1980 and 1990, one of Georgia's 10 congressional districts was a majority-black district, that is, a majority of the district's voters were black. The 1990 census allowed Georgia another district which resulted in a redrawing of the congressional districts. The first plan was rejected even though it increased the number of majority black districts from one to two and the absence of any intent to discriminate. A second plan was enacted, and that too was refused. Then the 'max-black' plan was adopted, and then the Justice Department agreed even though the district was a geographical monstrosity. It was a monstrosity, stretching from Atlanta to Savannah. Its core is the plantation country in the center of the state, lightly populated, but heavily black. It links by narrow corridors the black neighborhoods in Augusta, Savannah, and southern DeKalb County. The three black-majority districts elected black candidates. Five white voters, Johnson (Ps) from the 11th District filed an action against various state officials; there was racial gerrymandering in the 11th District, and as such, it was in violation of Equal Protection. The District Court found racial gerrymandering. The appellants, Miller (Ds), do not take issue with that finding of fact but contend that Ps must demonstrate that the district's shape is so bizarre that it is unexplained other than on the basis of race.