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Georgia v. Ashcroft
Seal of the United States Supreme Court.svg
Argued April 29, 2003
Decided June 26, 2003
Full case name Georgia, Appellant v. John Ashcroft, Attorney General, et al.
Citations 539 U.S. 461 (more)
123 S. Ct. 2498; 156 L. Ed. 2d 428; 2003 U.S. LEXIS 5012; 71 U.S.L.W. 4545; 2003 Cal. Daily Op. Service 5549; 2003 Daily Journal DAR 7001; 16 Fla. L. Weekly Fed. S 448
Prior history On appeal from the United States District Court for the District of Columbia, 195 F. Supp. 2d 25 (D.D.C. 2002)
Holding
Georgia did not violate the Voting Rights Act of 1965 in its redistricting.
Court membership
Case opinions
Majority O'Connor, joined by Rehnquist, Scalia, Kennedy, Thomas
Concurrence Kennedy
Concurrence Thomas
Dissent Souter, joined by Stevens, Ginsburg, Breyer
Laws applied
Voting Rights Act of 1965

Georgia v. Ashcroft was a very important case heard by the Supreme Court of the United States in 2003. It was about how states draw their voting districts. Specifically, it looked at Georgia's plan for its State Senate districts after the 2000 census.

The main question was whether Georgia's new plan made it harder for black voters to have their voices heard. This is covered by a law called the Voting Rights Act of 1965. Section 5 of this Act says that some states need to get federal approval for any changes to their voting rules. This approval is called "preclearance." The state must show that the changes won't make things worse for minority voters. This is known as "non-retrogression."

The Supreme Court decided that a lower court had not looked at all the right things. The lower court focused too much on whether black voters could elect their chosen candidate in certain districts. The Supreme Court said they also needed to consider if the plan helped create "influence districts." These are districts where minority voters might not be the majority, but they still have a strong say in who gets elected. The Supreme Court sent the case back to the lower court to look at it again with this new understanding.

Understanding Voting Districts and Rights

Voting districts are like imaginary lines drawn on a map. They divide a state into areas, and each area elects its own representatives. This process is called redistricting. It happens after each national census, which counts everyone in the country. The goal is to make sure each district has roughly the same number of people.

The Voting Rights Act: Protecting Every Vote

The Voting Rights Act of 1965 is a very important law in the United States. It was created to stop unfair practices that prevented people, especially racial minorities, from voting. Section 5 of this Act is key. It says that certain states, like Georgia, must get permission from the federal government before changing their voting rules. This permission is called preclearance.

The idea behind preclearance is to prevent retrogression. This means making sure that new voting plans do not make it harder for minority groups to vote effectively. The government checks to see if the changes would reduce the power of minority voters.

Georgia's New Plan for State Senate

After the 2000 census, Georgia drew new lines for its State Senate districts. The state wanted to "unpack" some districts. This means spreading out highly concentrated minority voters into more districts. The goal was to create more districts where minority voters could have a strong influence, even if they weren't the majority. These are called "influence districts."

However, the U.S. Attorney General, who represents the federal government, disagreed with parts of Georgia's plan. They argued that the plan reduced the percentage of black voters in three specific districts. This, they said, would make it harder for black voters to elect their preferred candidates.

The lower court agreed with the Attorney General. It felt that these three districts would offer less opportunity for black candidates to win. The court also said Georgia didn't show how gains in other districts would make up for this.

The Supreme Court's Decision

The Supreme Court looked at the case and decided that the lower court had made a mistake. Justice O'Connor wrote the main opinion for the Court. Five justices agreed with her, and four disagreed.

The Supreme Court said the lower court didn't look at all the important things when deciding if Georgia's plan was fair.

  • Looking at the Whole Picture: The lower court focused too much on just three districts. The Supreme Court said it needed to look at the entire state plan. It should have considered how the plan increased the number of black voters in many other districts.
  • Beyond Just Electing a Candidate: The lower court mainly looked at whether black voters could elect their chosen candidate in districts where they were the majority. The Supreme Court said this was too narrow. It also needed to consider other ways black voters could have power. This includes their ability to influence elections in "coalition districts." In these districts, minority voters might team up with other voters to elect a candidate.
  • Increasing Political Influence: The Supreme Court noted that the new plan aimed to increase the overall influence of black voters. For example, by spreading out black voters, the plan could make it more likely that black voters would be an important voting group in more districts. This could help increase the chances of Democratic candidates winning, which many black voters supported.

Because of these reasons, the Supreme Court sent the case back to the lower court. They told the lower court to re-examine the facts using this broader understanding of how voting power works.

Different Opinions: Concurrences

Some justices agreed with the final decision but for slightly different reasons.

  • Justice Kennedy agreed with the outcome. However, he pointed out that it seemed strange. He felt that some things that would be considered unfair under other voting laws (like the Fourteenth Amendment or Section 2 of the Voting Rights Act) were actually seen as good under Section 5. He thought this difference should be looked at in a future case.
  • Justice Thomas also agreed with the decision. He mentioned his past views that the Voting Rights Act had sometimes led to dividing the country into districts based on race. But he said the Court's decision in this case fit with how Section 5 had been understood before.

Different Opinions: Dissents

Some justices disagreed with the Supreme Court's decision.

  • Justice Souter (joined by Justices Stevens, Ginsburg, and Breyer) disagreed. He argued that if a state moves from "supermajority" districts (where minorities can easily elect their candidate) to "coalition" districts, the state should have to prove that non-minority voters will reliably vote with minority voters. He felt the Supreme Court's decision made Section 5 weaker by changing how "effective voting power" is defined. He believed the lower court's finding that Georgia hadn't shown actual coalitions should have been upheld. He thought the Supreme Court had found evidence the lower court missed and drawn its own conclusions.
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