V. Shaw

Subsequent decisions on similar issues have made use of Shaw and refined it, though the four dissenters have held fast in their belief that no cause of action exists. For instance, Miller v. Johnson, 515 U.S. 900 (1995), which concerned a similarly irregular district in Georgia, was also decided 5-4, with the majority comprising exactly the same five justices as in Shaw.

Shaw v. Reno, 509 U.S. 630 (1993), was a landmark United States Supreme Court case in the area of redistricting and racial gerrymandering. The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause. On the other hand, bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the Voting Rights Act of 1965. The redistricting that occurred after the 2000 census, as required to reflect the population’s changes, was the first nationwide redistricting to apply the results of Shaw v. Reno.

The case involved the redistricting of North Carolina after the 1990 census. North Carolina submitted to the Department of Justice a map with one majority-minority black district—that is, a district with a black majority. The Department of Justice believed that the state could have drawn another such majority-minority district in order to improve representation of black voters rather than including them all within one district. The state revised its map and submitted a new plan, this one with two majority-minority districts. The proposed 12th district was 160 miles (260 km) long, winding through the state to connect various areas having in common only a large black population.