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Under Supreme attack: High Court decisions could erode hard-fought gains.


Black America faces a new Jim Crow era. Nearly 100 years after the Supreme Court in Plessy v. Ferguson Plessy v. Ferguson, case decided by the U.S. Supreme Court in 1896. The court upheld an 1890 Louisiana statute mandating racially segregated but equal railroad carriages, ruling that the equal protection clause of the Fourteenth amendment to the U.S.  ruled "separate but equal" accommodations constitutional, many African Americans predict that upcoming rulings on congressional redistricting redistricting: see legislative apportionment.  cases will support a reassertion of white male power.

The cases the Court will hear are Shaw v. Hunt In 1996 the U.S. Supreme Court dealt a severe blow to states' attempts to create election districts containing a majority of minority voters to ensure minority representation. In Shaw v. Hunt, 517 U.S. 899, 116 S. Ct. 1894, 135 L. Ed.  (later Shaw v. Reno Shaw v. Reno, 509 U.S. 630 (1993), was a United States Supreme Court case argued on April 20, 1993. The ruling was significant in the area of redistricting and racial gerrymandering. ) and Vera v. Bush. The former case challenges North Carolina's majority African American 12th District. The latter reviews whether a Texas federal court acted unconstitutionally when it invalidated three minority congressional districts.

Last spring, the Court ruled on three related issues. It declared that school desegregation The attempt to end the practice of separating children of different races into distinct public schools.

Beginning with the landmark Supreme Court case of brown v. board of education, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed.
 could not be brought about by creating state-funded magnet schools; it challenged the legality of federal set-aside programs for minorities and women under the equal protection clause The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person within its jurisdiction the equal protection of the laws.  of the Constitution; and, in Miller v. Johnson Miller v. Johnson, 515 U.S. 900 (1995), was a United States Supreme Court case concerning "affirmative gerrymandering/racial gerrymandering", where racial minority majority electoral districts are created during redistricting to increase minority Congressional representation. , it upheld a Georgia federal court decision that racial considerations predominated in the decision to create the 11th Congressional District held by Cynthia A. McKinney (D-Ga.). Thus, the district is unconstitutional and must be redrawn.

Elaine R. Jones, director-counsel of the NAACP Legal Defense and Educational Fund In 1940 the organization formerly known as the National Association for the Advancement of Colored People and now called the NAACP launched the Legal Defense and Educational Fund (LDF). Since its founding, the organization has been involved in more cases before the U.S. , called the ruling a dangerous step towards the exclusion of African Americans from meaningful political participation."

The decision's long-term impact is unknown. Some say warning bells have rung, signaling that the second Reconstruction is over. Others view the Court's new cases as bids to reduce the black presence in Congress.

But more than Congress is under threat. Selwyn Carter, director of the Southern Regional Council's Voting Rights Program, which has registered more than two million black voters, says last spring's district ruling will spur challenges to African American elected county and city officials, state legislators and school board members.

The Court ruled that if race is the "predominant factor" used to create a legislative district, the equal protection guarantee is potentially violated. But can white males--the majority in all 48 contiguous state legislatures--be trusted to ensure minority representation?

Howard University Political Science Department Chairman Ronald W. Walters says black people will lose in redrawn districts. He contends that, despite the election of former Virginia Gov. Douglas Wilder, "it has been virtually impossible for blacks to elect their own in mostly white districts because of racial bloc voting."

Which raises a question. Is anyone naive enough to think that any congressional districts are drawn without the intention of benefiting one group or another? If not, then it seems that the rules of the game are changed only when nonwhites start winning.
COPYRIGHT 1995 Earl G. Graves Publishing Co., Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1995, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:congressional districts in North Carolina with African American majority are challenged
Author:McCoy, Frank
Publication:Black Enterprise
Date:Oct 1, 1995
Words:416
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