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Topic: Hunt v Cromartie

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	HUNT v. CROMARTIE (Site not responding. Last check: 2007-11-02)
		Hunt, 517 U.S., the State redrew those boundaries.
		Those attacking the district have the demanding burden of proof to show that a facially neutral law is unexplainable on grounds other than race.
		Because the underlying districting decision falls within a legislature’s sphere of competence, Miller v.
	supct.law.cornell.edu /supct/html/99-1864.ZS.html (847 words)

	No. 98-85: Hunt v. Cromartie - Amicus Curiae (Merits)
		Hunt, 517 U.S. Appellees challenged the First and Twelfth Districts in North Carolina's 1997 congressional redistricting plan, which was enacted as a remedy for the plan this Court held unconstitutional in Shaw v.
		On July 3, 1996, a few weeks after Shaw II was decided, three residents of District 1 in the 1992 plan- Martin Cromartie, Thomas Chandler Muse, and another plaintiff who has since dismissed her claim-filed this action, alleging that District 1 of the 1992 plan was also a racial gerrymander.
		In this case, the constitutionality of District 12 turns on whether it is subject to strict scrutiny under the Equal Protection Clause, since the question whether the district was narrowly tailored to achieve a compelling state interest was not litigated by the parties or decided by the district court.
	www.usdoj.gov /osg/briefs/1998/3mer/1ami/98-0085.ami.mer.html (6502 words)

	Hunt - Biocrawler (Site not responding. Last check: 2007-11-02)
		A hunt is an activity during which humans or animals chase wild animals in order to kill them, either for food or as a form of sport.
		Lamar Hunt (born 1932), American sportsman, son of H.
		Swanee Hunt, American ambassador, academic, daughter of H.
	www.biocrawler.com /encyclopedia/Hunt (314 words)

	Cases
		The prosecutions of Darryl Hunt generated enormous controversy in Winston-Salem, beginning with his 1985 conviction for the murder of Deborah Sykes and continuing with his prosecution for the murder of Arthur Wilson, charges which were initiated after the Sykes conviction was undermined by public revelations of prosecutorial misconduct.
		The North Carolina Supreme Court granted Hunt a new trial in the Sykes case, finding that it was improper to allow the prosecutor to introduce incriminating hearsay statements of a witness which had been repudiated by her before trial and were disavowed by her under oath at trial.
		Newly discovered DNA evidence establishing that Hunt was not the person who raped Deborah Sykes was found not to entitle him to a new trial despite the state's theory and testimony at both trials that Hunt raped her and killed her.
	www.fergusonstein.com /cases.htm (3491 words)

	City of San Diego Redistricting Commission Meeting Minutes
		Hunt, the second district court decision that actually looked at more evidence of the motivation to drawing the districts.(sic) And so this new district that was drawn in 1997 is now the subject of this brand new Supreme Court case - Hunt v.
		Cromartie the U.S. Supreme Court this time around found they did not think the evidence supported that finding in the lower court and factually the district was, the 1997 district was, motivated predominantly by race.
		I think the Hunt case presented a fairly extreme example though where to defend themselves against the charge that they were looking only at race, the state came back and said, no! We were trying to create a democratic district is what we were really trying to do.
	www.sandiego.gov /redistricting/minutes/010530.shtml (7423 words)

	Although the United States Supreme Court (Site not responding. Last check: 2007-11-02)
		Just as the former case limited the application of federal law due a narrow interpretation of congressional intent, the latter restricted congressional authority in the area of equal protection, reaffirming a stellar commitment to a state-centered theory of federalism.
		Cromartie, the minority in Alexander and University of Alabama gained the support of Justice O’Connor, producing the one-vote margin necessary to uphold the configuration of North Carolina’s 12th Congressional district.
		In ruling that the district, which is 47% fl, was crafted through a bipartisan effort and not according to racial identity, the level of suspicion historically associated with apparently race-based districts was relaxed enough to facilitate a judicial inclusion of intent and method, rather than simply racial composition.
	cstl-cla.semo.edu /smentkowski/2001termessay.htm (1700 words)

	09/23/99 Committee on the Judiciary - Everett Attachment
		Hunt to consolidate with it the action that had been filed by Cromartie, as well as a different action, Daly v.
		Cromartie, the Supreme Court also vacated the judgment that had been rendered as to the 1998 plan and remanded to the lower court for consideration in light of the Supreme Court's opinion.
		Cromartie, the plaintiffs have urged that for remedial districts - namely, districts created to replace racially gerrymandered districts - the legislature must eliminate all "vestiges" of the gerrymander.
	judiciary.house.gov /legacy/everatt.htm (4147 words)

	Nos. 99--1864 and 99-1865: Hunt v. Cromartie - Amicus (Merits)
		Cromartie (Hunt I), 526 U.S. 541, 544 (1999), District 12 splits six counties, as opposed to ten in the unconstitutional plan.
		Emison, 507 U.S. Because of the serious consequences of federal judicial intrusion into this most sensitive of state legislative tasks, "[t]he courts, in assessing the sufficiency of a challenge to a districting plan, must be sensitive to the complex interplay of forces that enter a legislature's redistricting calculus." Miller, 515 U.S. at 915-916.
		On remand, what remained for the district court was to determine whether plaintiffs could carry their burden at trial of proving that, as between the two motives, race-and not the kinds of partisan considerations urged by the State-was the predominant factor underlying the District.
	www.usdoj.gov /osg/briefs/2000/3mer/1ami/1999-1864.mer.ami.html (7430 words)

	HUNT V. CROMARTIE (Site not responding. Last check: 2007-11-02)
		Hunt, 517 U.S., that North Carolina’s Twelfth Congressional District was the product of unconstitutional racial gerrymandering, the State enacted a new districting plan in 1997.
		Believing that the new District 12 was also unconstitutional, appellees filed suit against several state officials to enjoin elections under the new plan.
		Reno, 509 U.S. Assessing a jurisdiction’s motivation in drawing district lines is a complex endeavor requiring a court to inquire into all available circumstantial and direct evidence.
	supct.law.cornell.edu /supct/html/98-85.ZS.html (550 words)

	04/02/24 DOJ v. Philip Morris, et.al.
		Defendants are also alleged to have advertised in stores near high schools, given away cigarettes at places where young persons congregate, paid for product placement in movies with youth audiences, placed advertisements in magazines with high youth readership, and sponsored sporting events, rock concerts, and other events of interest to children.
		Government, as non-movant, has demonstrated that there are disputed material facts regarding whether the Defendants intentionally targeted children as replacement smokers and whether their denials of youth marketing were knowingly false, Defendants are not entitled to summary judgment.
		A classic example is the filing of frivolous objections to the license application of a competitor, with no expectation of achieving denial of the license but simply in order to impose expense and delay." City of Columbia v.
	www.tobacco.org /resources/documents/040224DOJvMO.html (5166 words)

	Hunt, North Carolina Gov. et al. v. Cromartie, Martin, et al. / Smallwood, Alfred, et al. v. Cromartie, et al. - Medill ...
		Hunt, the Supreme Court declared the 12th District unconstitutional.
		On March 31, 1997, the North Carolina General Assembly enacted a new congressional redistricting plan to cure the constitutional defects of the former one by assuring that race was not the predominant factor and to maintain the existing partisan balance in the delegation.
		Hunt, and again, a federal court sided with the plaintiffs, ruling that the legislators remained inappropriately concerned with fl representation.
	docket.medill.northwestern.edu /archives/000475.php (1129 words)

	Analysis: Last day reflected O'Connor's legacy (Site not responding. Last check: 2007-11-02)
		Within hours of O'Connor's announcement yesterday, e-mails were flying in Washington filled with interest groups' litanies of the decisions in which she had cast the crucial vote favoring a liberal position -- holdings that might be undone by a more ideologically conservative successor.
		In addition to her votes this week to strike down Ten Commandments monuments on public property in Kentucky and in Texas (she was in the minority on the latter case), O'Connor was part of a 5-4 majority that ruled in the 1992 case of Lee v.
		Although critical in earlier cases of "racial gerrymandering" designed to maximize minorities' voting power, O'Connor was part of a 5-4 majority in the 2001 case of Hunt v.
	www.post-gazette.com /pg/05183/532116.stm (1242 words)

	Taylor v. Delatoore
		Cromartie, 532 U.S. 234, 121 S.Ct. 1452, 1458 (2001); Richardson v.
		Taylor contends that the filing fee provisions of 28 U.S.C. § 1915(b) violate his constitutional right of meaningful access to the courts and right to equal protection.
		In addition, the financial burden of the filing fee requirements is further diminished by the fact that a prisoner' s financial needs are not the same as those of a non-prisoner.
	www.law.com /regionals/ca/opinions/feb/0055213.shtml (2552 words)

	DLC: Supreme Equivocation on Racial Gerrymandering
		Hunt) on a North Carolina Congressional districting plan left over from the last round of reapportionment.
		But Cromartie says racial "packing" of districts is okay constitutionally if it is motivated (or claims to be motivated) by partisan, not racial considerations -- easy enough to do, since African-American voters are overwhelmingly Democrats in most parts of the country.
		The real effect of the Cromartie decision will probably be to get the federal courts out of litigation over alleged racial gerrymandering.
	www.dlc.org /ndol_ci.cfm?kaid=131&subid=192&contentid=3280 (225 words)

	People For the American Way - Endnotes
		Cromartie are considered as listed in both questionnaires, it brings the total number of cases in common to 59.
		This number was derived by multiplying 12,000 by 10% to find the total number of Boyle cases to have been appealed according to his 2005 questionnaire, then dividing the number of Boyle cases that have been reversed by that number.
		In that case, the appeals court vacated defendant’s forty-five year sentence after finding that Boyle had improperly sentenced the defendant to consecutive sentences for possession and non-registration of two pipe bombs and incorrectly classified the defendant as a “career criminal” for the purpose of determining the proper sentencing guidelines.
	www.pfaw.org /pfaw/general/default.aspx?oid=18013 (1112 words)

	Carolina Law (Site not responding. Last check: 2007-11-02)
		Hunt, 517 U.S. 899, 116 S.Ct. 1894, 135 L.Ed.2d 207 (1996) (argued December 5, 1995), the landmark legislative redistricting case before the Supreme Court.
		This case forced the Court to decide the constitutionality of two North Carolina congressional districts that were redrawn after the 1990 census according to provisions in the 1965 Voting Rights Act to ensure equitable minority representation.
		Cromartie), 526 U.S. 541, 119 S.Ct. 1545, 143 L.Ed.2d 731 (1999), the Supreme Court sustained two congressional districts which have enabled North Carolina to elect its first Congressional representatives since reconstruction.
	www.law.unc.edu /FSDetails.aspx?ID=87 (691 words)

	Judicial Nominees Special Report: Terrence Boyle (Site not responding. Last check: 2007-11-02)
		According to NARAL, he believes that the right to privacy should be "narrowly circumscribed" and limited to matters relating to marriage, procreation, contraception, family relationships, and child rearing and education.
		Cromartie, 133 F. Supp2d, 407 (E.D.N.C.2000) which rejected North Carolina's redistricting plan, stating that the motivation behind the plan was racial.
		This approach was reversed by the Supreme Court as clearly erroneous because the evidence showed that politics was the predominant factor for the shape of the district.
	www.now.org /issues/judicial/boyle.html?printable (207 words)

	Redistricting in the 2000s (Site not responding. Last check: 2007-11-02)
		The racial gerrymanders were attacked in federal court for denying white voters their right to equal protection of the laws under the Fourteenth Amendment to the U.S. Constitution.
		It said “the Legislature reasonably could have concluded that it was preferable to seek a closer approximation of population equality in the districts in the Chelmsford area.
		The court observed that evaluating the districts based on total population was not appropriate when voting-age population statistics were available, and that use of the “rule of thumb” of 60 percent VAP was not appropriate when actual voting results from races within the districts were available.
	www.senate.leg.state.mn.us /departments/scr/REDIST/Redsum2000/red2000s.htm (5582 words)

	Think Progress » 5-4 Decisions Show What’s At Stake (Site not responding. Last check: 2007-11-02)
		In 2001, the Supreme Court voted 5-4 in the case of Hunt v.
		Cromartie,) to uphold the use of race as a factor in drawing a congressional district, where it was not the “dominant and controlling” factor.
		O’Connor was the pivotal vote in Tennessee v Lane, a 5-4 case in which she ruled in favor of Title II of the Americans with Disabilities Act as applied to the fundamental right of “access to the courts”
	thinkprogress.org /2005/07/01/5-4-decisions-show-whats-at-stake (1245 words)

	hss_mason_conlaw_13\|American Constitutional Law\|Section 1: Noteworthy Decisions
		Neither the history of the framing era nor subsequent legal development indicates that the Fourth Amendment was originally understood, or has traditionally been read, to embrace Atwater’s position.
		The case is a continuation of legal challenges to North Carolina’s congressional districts that resulted in Shaw v.
		This 2001 decision is significant because it demonstrates how a state legislature may create a majority-minority district in a way that withstands an attack on equal protection grounds.
	wps.prenhall.com /hss_mason_conlaw_13/0,8227,1008848-,00.html (3040 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Cromartie, 526 U. A three-judge District Court, with one judge dissenting, had granted summary judgment in favor of those challenging the district's boundaries.
		Consumers Union of United States, Inc., 466 U. ante, at 7, I do not read the Court's opinion to suggest that the predominant factor inquiry, like the actual malice inquiry in Bose, should be reviewed de novo because it is a "constitutional fac[t]." 466 U. S., at 515 (Rehnquist, J., dissenting).
		It is unclear, however, what bearing this statement of fact--that appellate courts will defer to factual findings more often when the trial was long--had on our understanding of the scope of clear error review.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=532&page=234 (9009 words)

	By Dahlia Lithwick - Slate Magazine
		Cromartie, but you may remember it from one of its earlier incarnations as Shaw v.
		Hunt, North Carolina enacted a new congressional redistricting plan reducing the size of the snakey district and decreasing its percentage of African-American voters to 47 percent.
		Scalia reminds Dellinger that there was just such a smoking gun in Cromartie, notably an e-mail from the drafter of the redistricting plan to two state senators, explaining that he'd added the "Greensboro Black Community" to the snake.
	www.slate.com /id/94172 (1730 words)

	People for the American Way
		Cromartie, a 5-4 majority rejected the extreme view advanced by Scalia and Thomas that race can never be taken into account in redrawing voting districts.
		As Courting Disaster showed and this year’s Update underscores, adding one or two justices who share Scalia’s and Thomas’ far-right philosophy to an already conservative Court could tip the balance on the Court for decades to come by overruling important Court precedents, in whole or in part.
		Such a ruling could also endanger other rights that depend on the right to privacy, including the most intensely personal health care decisions ranging from contraception to "living wills" that people create to have their wishes carried out in the event of incapacitation.
	www.commondreams.org /news2001/0629-02.htm (1440 words)

	Brennan Center for Justice - Resources
		Cromartie, No. 98-85, a challenge to North Carolina's 12th Congressional District, represented by fl Democrat Melvin L. Watt.
		Hunt, 517 U.S. North Carolina redrew the district.
		He co-authored an amicus brief filed in Cromartie on behalf of the Brennan Center, the Asian American Legal Defense and Education Fund, and the Puerto Rican Legal Defense and Education Fund.
	www.brennancenter.org /presscenter/oped_1999/oped_1999_0215.html (721 words)

	Connerly v. State Personnel Board
		The California Community Colleges suggest that we should deny standing to plaintiff because application of the challenged statutory schemes will produce potential plaintiffs with personal beneficial interests in the matter who will be entitled to pursue their own actions.
		In this respect, we agree with respondents that if a statutory provision can, by fair and reasonable interpretation, be given a meaning consistent with the requirements of the Constitution rather than in conflict with it, we must so interpret the statute in order to preserve its validity.
		However, as we shall explain, for the most part the statutory schemes at issue in this case, which employ express racial and gender classifications, cannot be interpreted to preserve their validity.
	www.law.com /regionals/ca/opinions/sep/c032041.shtml (16970 words)

	Roger Clegg on NRO
		On the other hand, this is not to say that the most recent tea leaf in the Hunt litigation isn't colored and shaped a little differently from its predecessors.
		Usually the liberal wing is inclined to reject the defense if X and Y are at all close; in Hunt, ironically, it buys the defense even though the defendant admits that it is using X (race) as a proxy for Y (voting behavior).
		A final irony in Hunt is that it is a liberal majority insisting that, just because there are racial disproportions, doesn't prove that there has been discrimination.
	www.nationalreview.com /contributors/clegg050101.shtml (890 words)

	Schaffer v. Weast, 546 U. S. ____ (2005) (11/14/05) - Wrightslaw
		One can reasonably argue, as the Court holds, that the risk of nonpersuasion should fall upon the "individual desiring change." That, after all, is the rule courts ordinarily apply when an individual complains about the lawfulness of a government action.
		On the other hand, one can reasonably argue to the contrary, that, given the technical nature of the subject matter, its human importance, the school district's superior resources, and the district's superior access to relevant information, the risk of nonpersuasion ought to fall upon the district.
		And should some such need arise -- i.e., if non-uniformity or a particular state approach were to prove problematic -- the Federal Department of Education, expert in the area, might promulgate a uniform federal standard, thereby limiting state choice.
	www.wrightslaw.com /law/caselaw/ussupct.schaffer.weast.htm (5716 words)

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