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    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.

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    Constitutional Law Keyed to Choper

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    Constitutional Law Keyed to ChemerinskyConstitutional Law Keyed to FeldmanConstitutional Law Keyed to Maggs

    Shaw v. Reno

    Citation:

    509 U.S. 630, 113 S.Ct. 2816, 125 L.Ed.2d 511 (1993).
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    Facts

    The U.S. Attorney General rejected a North Carolina congressional reapportionment plan because the plan created only 1 black-majority district. North Carolina submitted a second plan creating 2 black-majority districts. One of these districts was, for the most part, no wider than the interstate road along which it stretched, even though it was approximately 160 miles long.

    Five North Carolina residents challenged the constitutionality of this unusually shaped district, alleging that its only purpose was to secure the election of additional black representatives, violating their constitutional right to participate in a “color-blind” electoral process.

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    Q.1 - Which interpretive principle underlies the majority’s application of strict scrutiny in Shaw v. Reno, despite the absence of a traditionally suspect classification burdening a historically marginalized group?
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    Incorrect. A is incorrect because Article I concerns electoral administration, not race-based classification.
    Correct! The majority in Shaw emphasized that racial classifications by the state, even if facially benign, are inherently suspect and thus trigger strict scrutiny under the anti-classification strand of Equal Protection doctrine.
    Incorrect. C is incorrect because the Voting Rights Act does not eliminate the need for constitutional scrutiny.
    Incorrect. D is incorrect as rational basis is insufficient in cases involving express racial classifications.
    Q.2 - In dissent, Justice White challenges the majority’s analytical departure by emphasizing which constitutional threshold traditionally required to trigger Equal Protection review in districting cases?
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    Correct! Justice White argued that plaintiffs failed to show any dilution or harm to their voting power, which traditionally underpins Equal Protection standing in redistricting cases.
    Incorrect. B is incorrect because no such historical nexus test governs the Equal Protection Clause’s application to redistricting.
    Incorrect. C is incorrect since the case turned on the Fourteenth, not Fifteenth, Amendment.
    Incorrect. D is incorrect because the case involved racial gerrymandering, not vote dilution or population-based disparities.
    Q.3 - Which jurisprudential risk is most plausibly introduced by the Shaw decision, according to critics grounded in both the dissent and subsequent academic commentary?
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    Incorrect. A is incorrect because while it correctly critiques formalism, it overstates the holding by suggesting per se invalidation.
    Incorrect. B is incorrect because aesthetic form was evidentiary, not a doctrinal threshold.
    Correct! Shaw raises the concern that applying strict scrutiny without regard to remedial legislative intent risks undermining Congress’s Fourteenth Amendment enforcement authority, especially in Voting Rights Act compliance contexts.
    Incorrect. D is incorrect since the decision does not undermine judicial review, but instead extends it into a politically sensitive domain.

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    Topic Resources

    ™ CaseCast

    Matthew Steinberg

    InstructorMatthew Steinberg

    CaseCast™ "What you need to know"

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    Topic Video

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    Topic Outline

    Equal Protection

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    Equal Protection Clause of the 14th Amendment

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