17 St. & Loc. L. News 1 (1993-1994)

handle is hein.journals/stlolane1 and id is 1 raw text is: 



      Section of Urban, State and Local Government Law  Vol. 17, No. 1, Fall 1993



-URBAN, STATE



      and LOCAL LAW



      NEWSLETTER
      The Sertion .etves as a collegial forufor its tnetnbet, theprofession, and the pub/ic to plovide leadership
               atdeducationa n'soutres in uthan, slate and local govetlment law attd polio'.


                            Shaw v. Reno:

 Its Impact on Reapportionment Plans

                 By Francisco J. Aparicio and John W AlacPte


I. Introduction
   In June, the U.S. Supreme Court issued an opinion
that many observers believed would have far-reaching
effects in the area of voting rights. In Slaw v. Reno, No.
92-357, the Supreme Court reversed and remanded a
federal district court decision dismissing, for failure to
state a claim, an action brought by five white North
Carolina voters alleging that North Carolina's reappor-
tionment plan comprised an unconstitutional racial
gerrymander in violation of the Fourteenth Amend-
ment's Equal Protection Clause. The Court held that
the central purpose of the Equal Protection Clause is
to prevent the States from purposely discriminating
between individuals on the basis of race; and, there-
fore, an allegation that a congressional district so irra-
tional on its face that it can be understood only as an
effort to segregate voters into separate voting districts
because of their race, and that the separation lacks suf-
ficient justification adequately stated a claim tinder
the Equal Protection Clause. The opinion went on to
state that a district drawn solely on the basis of race
must satisfy the strict scrutiny test-that it must be
narrowly tailored and further a compelling governmen-
tal interest-in order to pass constitutional muster.
   Justice White, dissenting, argued that the majority





     Urvn m-ya lerSymposiuim Set for Midyear Meeting, page 4
     Task Force on FEmerging Issues, pa*ge 5
     Law Student Notes, page 5
     Photos from the Annual Meeting, page 6
     Port Authoriry Response to Disaster
       I lighlights Annual Meeting, page 7
    Supreme Court Watch, page 9
    Washington's Lahyrinthine Ways, page II


ignored a prior Supreme Court opinion that had decid-
ed the same issue. Justice White contended that the
Court's opinion in United Jewish Organizations of
UWilliamsbulgh, Inc. v. Can,, 430 U.S. 144 (1977) (LUJO),
reqIuired a plaintiff to allege that a reapportionment
plan had resulted in a cognizable injury to a voting
right in order to state an equal protection claim.
   The Court's opinion, while somewhat disingenuous
about whether it conflicted with UJO, reached the cor-
                               (continued on page 13)


               IN MEMORIAM

               RICHARD BABCOCK

     Richard F. Babcock, widely regarded as the
   dean of American planning lawyers, passed away
   on September 13. A prolific author and lecturer,
   Dick Babcock is perhaps best remembered for
   his quintessential analysis of local land-use prac-
   tices, he Zoning Gamne, upon which a generation
   of planners and land-use lawyers cut their teeth.
   For forty years, the name Richard Babcock was
   synonymous with national land-use projects,
   from the American Law Institute's Model Land
   Development Code whose advisory committee
   he chaired, to the path-breaking HUD report on
   American cities issued by George Romney. Zon-
   ing in dozens of cities and counties throughout
   the United States is the better for his deft draft-
   ing touch. Dozens of lawyer/planners left his
   tutelage in the firm that for many years bore his
   name to make their own marks in government
   service, private practice, and teaching.
                                DavidL. Callies

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