MILLER v. JOHNSON

No. 94-631.

515 U.S. 900 (1995)

MILLER et al. v. JOHNSON et al.

United States Supreme Court.

Decided June 29, 1995.


Attorney(s) appearing for the Case

David F. Walbert, Special Assistant Attorney General of Georgia, argued the cause for the state and private appellants. With him on the briefs for appellants Miller et al. were Michael J. Bowers, Attorney General, and Dennis R. Dunn, Senior Assistant Attorney General. Solicitor General Days argued the cause for the United States. With him on the briefs were Assistant Attorney General Patrick, Deputy Solicitor General Bender, James A. Feldman, Steven H. Rosenbaum, and Miriam R. Eisenstein. Laughlin McDonald, Neil Bradley, Elaine R. Jones, Theodore M. Shaw, Norman J. Chachkin, Jacqueline A. Berrien, and Gerald R. Weber filed briefs for appellants Abrams et al.

A. Lee Parks argued the cause for appellees. With him on the brief was Larry H. Chesin.

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined. O'Connor, J., filed a concurring opinion, p. 928. Stevens, J., filed a dissenting opinion, p. 929. Ginsburg, J., filed a dissenting opinion, in which Stevens and Breyer, JJ., joined, and in which Souter, J., joined except as to Part III—B, p. 934.


Justice Kennedy, delivered the opinion of the Court.

The constitutionality of Georgia's congressional redistricting plan is at issue here. In Shaw v. Reno, 509 U.S. 630 (1993), we held that a plaintiff states a claim under the Equal Protection Clause by alleging that a state redistricting plan, on its face, has no rational explanation save as an effort to separate voters on the basis of race. The question we now decide...

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