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Abstract

Oral Argument: Wednesday, October 6, 1976
Decision: Tuesday, March 1, 1977
Issues: Civil Rights, Reapportionment

Advocates

Robert H. Bork (Argued the cause for the United States)
Nathan Lewin (Argued the cause for the petitioners)
Louis H. Pollak (Argued the cause for the respondents NAACP et al)
George D. Zuckerman (Argued the cause the for respondents Carey et al)

Facts of the Case

Congress provided in Section 5 of the Voting Rights Act that reapportionment plans of several states were to be submitted to the U.S. attorney general or the District Court of the District of Columbia for approval. Several districts in New York were restructured to create districts with a minimum nonwhite majority of 65 percent. A Hasidic Jewish community was split in two by the reapportionment. The community claimed that the plan violated their constitutional rights because the districts had been assigned solely on a racial basis.

Question

Did the reapportionment plan violate the Fourteenth and Fifteenth Amendment rights of the Hasidic community?

Conclusion

The Court found that the reapportionment plan was valid under the Constitution. Neither the Fourteenth nor the Fifteenth Amendment prohibit per se use of racial factors in districting and apportionment. Also, a reapportionment plan does not violate the same Amendments by using numerical quotas to establish a certain number of black majority districts. Although New York deliberately increased nonwhite majorities in several districts, there was no "fencing out" of the white population in the county from electoral participation. The reapportionment did not underrepresent the whites relative to their share of the population. The Court found that New York could use apportionment plans to attempt to prevent racial minorities from being repeatedly outvoted at the expense of the white populations.

Supreme Court Justice Opinions and Votes (by Seniority)

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Judgment of the Court: Civil Rights, Reapportionment: 7 - 1
Voted with the minority, authored a dissent
Burger
Voted with the majority, authored a special concurrence
Brennan
Voted with the majority, authored a special concurrence
Stewart
Voted with the majority, authored a judgment of the court
White
Did not participate
Marshall
Voted with the majority, joined White's judgment of the court
Blackmun
Voted with the majority, joined Stewart's special concurrence
Powell
Voted with the majority, joined White's judgment of the court
Rehnquist
Voted with the majority, joined White's judgment of the court
Stevens

Cite this page

The Oyez Project, United Jewish Org. of Williamsburgh v. Carey, 430 U.S. 144 (1977),
available at: <http://www.oyez.org/cases/1970-1979/1976/1976_75_104/>
(last visited ).