bush governor texas et al vera et argued december decided june census revealed population increase entitling texas three additional congressional seats attempt comply voting rights act vra texas legislature promulgated redistricting plan among things created district new majority african american district dallas county district new majority hispanic district harris county reconfigured district adjacent district majority african american district department justice precleared plan vra plaintiffs six texas voters filed challenge alleging state congressional districts constitute racial gerrymanders violation fourteenth amendment three judge district held districts unconstitutional governor texas private intervenors intervenor appeal held judgment affirmed supp affirmed justice joined chief justice justice kennedy concluded plaintiff chen resides district alleged specific facts showing personally subjected toany racial classification lacks standing hays plaintiffs blum powers reside district plaintiffs thomas vera reside district plaintiff orcutt resides district standing challenge districts see pp districts subject strict scrutiny precedents pp strict scrutiny applies race predominant factor motivating drawing district lines see miller johnson emphasis added traditional race neutral districting principles subordinated race see mixed motive case careful review therefore necessary determine whether districts issue subject scrutiny findings texas substantially neglected traditional districting criteria compactness committed outset creating majority minority districts manipulated district lines exploit unprecedentedly detailed racial data taken together weigh favor application strict scrutiny however factors race particularly incumbency protection clearly influenced legislature challenged districts must scrutinized determine whether district conclusion race predominated sustained pp district subject strict scrutiny appellants deny district shows substantial disregard traditional districting principles compactness regularity redistricters pursued unwaveringly objective creating majority african american district argument district bizarre shape explained efforts unite communities interest manifested district consistently urban character shared media sources major transportation lines dallas must rejected record contains basis displacing district conclusion race predominated latter factors particularly light findings state supporting data largely unavailable legislature district created factors differentiate district surrounding areas degree correlation district lines racial data exhibit appellants substantial claim incumbency protection rivaled race determining district shape also unavailing evidence amply supports district conclusions racially motivated gerrymandering qualitatively greater influence drawing district lines politically motivated gerrymandering subject strict scrutiny see davis bandemer white plurality opinion political gerrymandering accomplished large part use race proxy political characteristics subject scrutiny cf powers ohio pp interlocking districts also subject strict scrutiny districts shapes bizarre utter disregard city limits local election precincts voter tabulation district lines caused severe disruption traditional forms political activity created administrative headaches local election officials although appellants adduced evidence incumbency protection played role determining bizarre district lines district conclusion districts shapes unexplainable grounds race product presumptively unconstitutional racial gerrymandering inescapably corroborated evidence pp districts narrowly tailored serve compelling state interest pp creation three districts justified compelling state interest complying results test vra may assumed without deciding compliance compelling state interest see shaw hunt ante shaw ii attempting comply retain discretion apply traditional districting principles entitled limited degree leeway district drawn order satisfy must subordinate traditional districting principles race substantially reasonably necessary districts issue fail test since three bizarrely shaped far compact characteristics predominantly attributable gerrymandering racially motivated achieved use race proxy appellants lawson et al misinterpret miller argue bizarre shaping noncompactness go motive irrelevant narrow tailoring inquiry also unavailing contention insofar bizarreness noncompactness necessary achieve state compelling interest compliance simultaneously achieving legitimate redistricting goals narrow tailoring requirement satisfied bizarre shaping noncompactness districts question predominantly attributable racial political manipulation government argument addresses case otherwise compact majority minority district misshapen predominantly nonracial political manipulation pp district lines issue justified compelling state interest ameliorating effects racially polarized votingattributable texas long history discrimination minorities electoral processes among conditions must satisfied render interest remedying discrimination compelling requirement discrimination specific identified shaw ii ante current problem appellants cite need remediation alleged vote dilution consequence racial bloc voting concern underlies vra compliance defense correct standard applied fact districts narrowly tailored comply forecloses line defense pp creation district justified compelling state interest complying vra seeks prevent voting procedure changes leading retrogression position racial minorities respect effective exercise electoral franchise see miller supra problem appellants contention nonretrogression principle applies harris county previously contained congressional district african american voters always succeeded selecting african american representatives seeks justify maintenance substantial augmentation african american population percentage grown previous district district nonretrogression license state whatever deems necessary insure continued electoral success merely mandates minority opportunity elect representatives choice diminished directly indirectly state actions district narrowly tailored avoidance liability see shaw reno pp various dissents arguments none address specifics case rebutted decisions must rejected pp justice thomas joined justice scalia concluded application strict scrutiny case never close question since decisions effectively resolved intentional creation majority minority districts sufficient invoke scrutiny see adarand constructors peña strict scrutiny applies government classifications based race miller johnson georgia concession intentionally created majority minority districts sufficient show race predominant motivating factor redistricting dewitt wilson distinguished application strict scrutiny required texas readily admitted intentionally created majority minority districts districts existedbut affirmative use racial demographics assuming state asserted compelling state interest redistricting attempts narrowly tailored achieve interest pp announced judgment delivered opinion rehnquist kennedy joined also filed separate concurring opinion kennedy filed concurring opinion thomas filed opinion concurring judgment scalia joined stevens filed dissenting opinion ginsburg breyer joined souter filed dissenting opinion ginsburg breyer joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press nos george bush governor texas et appellants al vera et al william lawson et appellants appeals district southern district texas june justice announced judgment delivered opinion chief justice justice kennedy join latest series appeals involving racial gerrymandering challenges state redistricting efforts wake census see shaw hunt ante shaw ii hays miller johnson shaw reno shaw census revealed population increase largely urban minority populations entitled texas three additional congressional seats response view complying voting rights act vra stat amended et texas legislature promulgated redistrictingplan among things created district new majority african american district dallas county created district new majority hispanic district around houston harris county reconfigured district adjacent district make majority african american district department justice precleared plan vra used congressional elections plaintiffs six texas voters challenged plan alleging texas congressional districts constitute racial gerrymanders violation fourteenth amendment three judge district southern district texas held districts unconstitutional vera richards supp governor texas private intervenors intervenor appeal finding decisions shaw miller district lines issue subject strict scrutiny narrowly tailored serve compelling state interest affirm preliminary matter state private appellants contest plaintiffs standing challenge districts plaintiff chen resides texas congressional district alleged specific facts showing personally subjected racial classification decision hays lacks standing see hays supra slip plaintiffs blum powers residents district plaintiffs thomas vera residents district plaintiff orcutt resident district stated hays plaintiff resides racially gerrymandered district plaintiff denied equal treatment legislature reliance racial criteria therefore hasstanding challenge legislature action hays supra slip accord miller supra slip rule plaintiffs standing challenge districts must determine whether districts subject strict scrutiny precedents used variety formulations describe threshold application strict scrutiny strict scrutiny applies redistricting legislation extremely irregular face rationally viewed effort segregate races purposes voting without regard traditional districting principles shaw race sake districting principles legislature dominant controlling rationale drawing district lines miller slip legislature subordinated traditional race neutral districting principles racial considerations slip see also slip concurring strict scrutiny applies state relied race substantial disregard customary traditional districting practices strict scrutiny apply merely redistricting performed consciousness race see shaw supra apply cases intentional creation majority minority districts see dewitt wilson supp ed cal strict scrutiny apply intentionally created compact majority minority district summarily aff cf shaw reserving question electoral district lines facially race neutral searching inquiry necessary strict scrutiny found applicable redistricting cases cases classifications based explicitly onrace see adarand constructors pena slip compare post thomas concurring judgment assimilating redistricting cases adarand strict scrutiny apply plaintiffs must prove legitimate districting principles subordinated race miller slip mean race must predominant factor motivating legislature redistricting decision ibid emphasis added thus differ justice thomas apparently hold suffices racial considerations motivation drawing majority minority district see post present case mixed motive case appellants concede one texas goals creating three districts issue produce majority minority districts also cite evidence goals particularly incumbency protection including protection functional incumbents sitting members texas legislature declared intention run open congressional seats also played role drawing district lines record reflect history purely race based districting revisions cf miller supra slip emphasis added careful review therefore necessary determine whether districts subject strict scrutiny review district findings primary fact record convinces us district determination race predominant factor drawing districts must sustained begin general findings evidence regarding redistricting plan respect traditional districting principles legislators expressed motivations methods used redistricting process district began analysis rejecting factual basis appellants claim texas challenged districts unconstitutionally bizarre shape becausetexas never used traditional redistricting principles natural geographical boundaries contiguity compactness conformity political subdivisions instead found generally texas intentionally disregarded traditional districting criteria one congressional district texas comparable irregularity noncompactness three challenged districts also noted compactness measured eyeball approach much less important plan app predecessor texas congressional districting plan districts especially irregular shape dallas harris county areas challenged districts located see findings comport conclusions instructive study attempted determine relative compactness districts nationwide objective numerical terms study gave texas districting plan roughly average score compactness regularity district shapes ranked plan among worst nation see pildes niemi expressive harms bizarre districts voting rights evaluating election district appearances shaw reno rev table study ranked districts among least regular congressional districts nationwide see table review gives us reason disagree district districts issue integrity terms traditional neutral redistricting criteria district also found substantial direct evidence legislature racial motivations state submission department justice forpreclearance vra reports consensus within legislature three new congressional districts configured way allow members racial ethnic language minorities elect congressional representatives accordingly three new districts include predominantly black district drawn dallas county area district predominantly hispanic districts harris county area district south texas region addition creating three new minority districts proposed congressional redistricting plan increases black voting strength current district harris county increasing population assure black community may continue elect candidate choice quoting narrative voting rights act considerations affected districts reprinted app means texas used make redistricting decisions provides evidence importance race primary tool used drawing district lines computer program called redappl redappl permitted redistricters manipulate district lines computer maps racial socioeconomic data superimposed change configuration district lines drafted redappl displayed updated racial composition statistics district drawn redappl contained racial data atthe block block level whereas data party registration past voting statistics available level voter tabulation districts approximate election precincts availability use block block racial data unprecedented census data broken beyond census tract level see app providing uniquely detailed racial data redappl enabled districters make intricate refinements basis race basis demographic information district found districters availed fully opportunity numerous instances correlation race district boundaries nearly perfect borders districts change block block one side street traverse streets bodies water commercially developed areas seemingly arbitrary fashion one realizes corridors connect minority populations several factors race work drawing districts traditional districting criteria entirely neglected districts maintain integrity county lines three districts takes character principal city surrounding urban area none districts widely dispersed north carolina district held unconstitutional shaw ii ante characteristics however unremarkable context large densely populated urban counties significantly district found incumbency protection influenced redistricting plan unprecedented extent enacted texas many incumbent protection boundaries sabotaged traditional redistricting principles routinely divided counties cities neighborhoods regions sake maintaining winning seats house representatives congressmen congressmen shed hostile groups potential opponents fencing districts legislature obligingly carved districts apparent supporters incumbents suggested incumbents added appendages connect residences districts final result seems one people select representatives representatives selected people citations footnotes omitted strict scrutiny appropriate race neutral traditional districting considerations predominated racial ones subjected political gerrymandering strict scrutiny see davis bandemer white plurality opinion nconstitutional discrimination occursonly electoral system arranged manner consistently degrade voter group voters influence political process whole concurring judgment urely political gerrymandering claims justiciable recognized incumbency protection least limited form avoiding contests incumbent legitimate state goal see karcher daggett white weiser burns richardson cf gaffney cummings state may draw irregular district lines order allocate seats proportionately major political parties clear race factor motivated legislature draw irregular district lines must scrutinize challenged district determine whether district conclusion race predominated legitimate districting considerations including incumbency sustained population district african american hispanic fifty percent district population located compact albeit irregularly shaped core south dallas african american remainder district consists narrow bizarrely shaped tentacles state identifies seven segments extending primarily north west see app see also barone ujifusa almanac american politics describing district district population within dallas county see app crosses two county lines western northern extremities western excursion tarrant county grabs small community african american northern excursion collincounty occupies hook like shape mapping exactly onto area southern half county combined african american hispanic percentage population excess district description district whole bears repeating district sprawls throughout dallas county deliberately excludes wealthy white neighborhoods highland park university park extends fingers collin county include outermost suburbs dallas collin county district picks small african american neighborhood district extends tarrant county pick small border area high african american concentration also reaches claim hamilton park affluent african american neighborhood surrounded whites part district runs along trinity river bottom using connect dispersed minority population numerous voter tabulation districts split order achieve population mix required district least miles wide miles long see also appendix opinion outline district appellants highlight facts district consistently urban character common media sources throughout tentacles include several major transportation lines city dallas thesefactors implicate traditional districting principles correlate extent district layout see basis record displacing district conclusion race predominated particularly light findings state supporting data available legislature organized fashion district created differentiate district surrounding areas degree correlation district lines racial data exhibit see app reaching conclusion justice stevens fears require engaged redistricting compile comprehensive administrative record post stevens dissenting dismiss facts explicitly mentioned redistricting plan legislative history irrelevant may commonly happen traditional districting principles substantially followed without much conscious thought said subordinated race considering whether race predominant factor motivating legislatur however evidentially significant time redistricting state compiled detailed racial data use redistricting made apparent attempt compile refer specifically equivalent data regarding communities interest appellants present substantial case claim incumbency protection rivaled race determining district shape representative johnson principal architect district designed part create safe democratic seat early stage redistricting process johnson submitted state legislature plan dallas county relatively compact african american district violate integrity voter tabulation district county lines see app district found hile minority voters object hat plan drew much opposition incumbents quickly abandoned ive congressmen thrown districts ones currently represent appellants also point testimony johnson others effect incumbents adjacent democratic districts exerted strong partly successful efforts retain predominantly african american democratic voters districts evidence african american voters around city dallas vote democrat see generally circumstances incumbency protection might explain well better race state decision depart traditional districting principles compactness drawing bizarre district lines fact happens many voters fought neighboring democratic incumbents african american convert political gerrymander racial gerrymander matter conscious redistricters correlation race party affiliation see shaw district lines merely correlate race drawn basis political affiliation correlates race racial classification justify racial disproportions level prosecutions particular crime may unobjectionable merely reflect racial disproportions commission crime cf post stevens dissenting discussing armstrong slip state goal otherwise constitutional political gerrymandering free use kind political data justice stevens focuses precinctgeneral election voting patterns post precinct primary voting patterns post legislators experience post achieve goal regardless awareness racial implications regardless fact context majority minority district extent district suggested contrary erred extent race used proxy political characteristics racial stereotype requiring strict scrutiny operation cf powers ohio race proxy determining juror bias competence agree dissenters see post stevens dissenting post souter dissenting see also shaw ii ante stevens dissenting racial stereotyping scrutinized closely context jury service pass without justification context voting promise reconstruction amendments nation free state sponsored discrimination upheld pick choose basic forms political participation efforts eliminate unjustified racial stereotyping government actors district ample bases conclude racially motivated gerrymandering qualitatively greater influence drawing district lines politically motivated gerrymandering political gerrymandering accomplished large part use race proxy state vra submission explains drawing district rejection johnson compact plan exclusively racial terms throughout course congressional redistricting process lines proposed district constantly reconfigured attempt maximize voting strength black community dallas county legislature wasin agreement safe black district drawn dallas county area real dispute involved composition configuration quality district community insisted safe black district drawn total black population least although alternative proposals showed compact configuration none reached threshold total black population community felt necessary assure ability elect congressional representative without form coalitions minority groups goal create district maximize opportunity black community elect congressional candidate choice also one included major black growth areas assure continued electoral economic opportunities next decades app district noted testimony state officials earlier litigation district challenged political gerrymander contradicted part testimony affirmed race primary consideration construction district see also johnson explained letter department justice written end redistricting process incumbency protection achieved using race proxy throughout course congressional redistricting process lines continuously reconfigured assist protecting democratic incumbents worth metroplex area spreading black population increase democratic party index areas quoting plaintiff exh finally significantly objective evidence provided district plans demographic maps suggests strongly predominance race given districting software used state provided racial data block block level fact district unlike johnson original proposal splits voter tabulation districts even individual streets many places see app suggests racial criteria predominated districting criteria determining district boundaries despite strong correlation race political affiliation maps reveal political considerations subordinated racial classification drawing many extreme bizarre district lines example northernmost hook district ventures collin county tailored perfectly maximize minority population see app whole parts voter tabulation districts within district collin county hook combined african american hispanic population inexcess average african american population combined african american hispanic population surrounding voter tabulation districts parts split districts collin county less whereas far shape necessary maximize democratic vote area see showing republican majority based voting patterns seven eight voter tabulation districts wholly partly included district collin county combination factors compels us agree district contours congressional district unexplainable terms race true district evince consistent single minded effort segregate voters basis race post stevens dissenting represent apartheid post souter dissenting fact racial data used complex ways multiple objectives mean race predominate considerations record discloses intensive pervasive use race proxy protect political fortunes adjacent incumbents sake maximizing minority population district regardless traditional dis tricting principles district combination bizarre noncompact shape overwhelming evidencethat shape essentially dictated racial considerations one form another exceptional texas congressional district example justice stevens discusses detail post former characteristic combination characteristics leads us conclude district subject strict scrutiny harris county centered city houston districts interlock like jigsaw puzzle might impossible get pieces apart barone ujifusa almanac american politics see also appendices opinion outlines districts district noted districts finely crafted one visualize exact boundaries without looking map least three feet square according leading statistical study relative district compactness regularity two three least regular districts country see pildes niemi district population african american hispanic app irregular boundaries congressional district country boundaries squiggle north toward intercontinental airport northwest radial highways spurt south one side toward port toward astrodome barone ujifusa supra many narrow corridors wings fingers reach enclose black voters excluding nearby hispanic residents pildes niemi supra district hispanic african american population app resembles sacred mayan bird body running eastward along ship channel downtownhouston tail terminates baytown spindly legs reach south hobby airport plumed head rises northward almost intercontinental western extremity district open beak appears searching worms spring branch ruffled feathers jut odd angles barone ujifusa supra effect splitting dozens voter tabulation districts create districts electoral nightmare harris county estimated must increase number precincts accommodate new congressional boundaries polling places ballot forms number election employees correspondingly multiplied voters thrust new unfamiliar precinct alignments populations low voters district appellants adduced evidence incumbency protection played role determining bizarre district lines district found one constraint shape district rival ambitions two functional incumbents distorted boundaries effort include larger areas existing state legislative constituencies district findings amply demonstrate influences overwhelmed determination districts bizarre shapes state efforts maximize racial divisions state vra submission explains bizarre configuration districts result maximization minority voting strength harris county app corroborating district finding earliest stages congressional redistricting process state democratic republican leaders rallied behind idea creating new hispanic safe seat harris county preserving safe african american seat district state officials testified particularly necessary split voter tabulation districts order capture pockets hispanic residents district hispanic population district mere majority insisted upon record evidence racial demographics voting patterns harris county residents belies suggestion party politics explain dividing lines two districts district lines correlate almost perfectly race see app districts similarly solidly democratic see even district intricacy lines drawn separating hispanic voters african american voters block block basis betrays critical impact block block racial data available redappl program district conclusion therefore inescapable districts formed utter disregard traditional redistricting criteria shapes ultimately unexplainable grounds racial quotas established districts product presumptively unconstitutional racial gerrymandering concluded strict scrutiny applies must determine whether racial classifications embodied three districts narrowly tailored compelling state interest appellants point three compelling interests interest avoiding liability results test vra interest remedying past present racial discrimination nonretrogression principle vra district consider turn section vra prohibits imposition electoral practice procedure results denial abridgement right citizen vote account race color congress amended vra changing language adding provides results test violation violation exists based totality circumstances shown political processes leading nomination election state political subdivision equally open participation members class citizens protected subsection section members less opportunity members electorate participate thepolitical process elect representatives choice done previous cases argument raised defense charges racial gerrymandering assume without deciding compliance results test interpreted precedents see growe emison compelling state interest see shaw ii ante miller slip also reaffirm narrow tailoring requirement strict scrutiny allows limited degree leeway furthering interests state strong basis evidence shaw internal quotation marks omitted concluding creation majority minority district reasonably necessary comply districting based race substantially addresses violation shaw ii ante satisfies strict scrutiny thus reject impossibly stringent district view narrow tailoring requirement district must least possible amount irregularity shape making allowances traditional districting criteria cf wygant jackson bd concurring part concurring judgment state actors trapped competing hazards liability imposition unattainable requirements rubric strict scrutiny district reasonably compact regular taking account traditional districting principles maintaining communities interest traditional boundaries may pass strict scrutiny without todefeat rival compact districts designed plaintiffs experts endless beauty contests dissenters misread us make leap disagreement facts case conclusion creating stalemate requiring get things right post souter dissenting draw precise compact district impose successful challenge post stevens dissenting see also shaw ii ante stevens dissenting rather adhere longstanding recognition importance federal system state sovereign interest implementing redistricting plan see voinovich quilter domain federal courts conduct apportionment first place miller supra slip well settled reapportionment primarily duty responsibility state internal quotation marks omitted cases retain flexibility federal courts enforcing lack insofar may avoid strict scrutiny altogether respecting traditional districting principles insofar deference due reasonable fears reasonable efforts avoid liability nothing say today read limiting state discretion apply traditional districting principles post souter dissenting majority minority districts constitutional problem arises subordination principles race strict scrutiny remains nonetheless strict state must strong basis evidence finding threshold conditions liability present first minority group sufficiently large geographically compact constitute majority single member district second politically cohesive third whitemajority votes sufficiently bloc enable usually defeat minority preferred growe supra emphasis added quoting thornburg gingles assume without deciding state strong basis evidence finding second third threshold conditions liability present however already found three districts bizarrely shaped far compact characteristics predominantly attributable gerrymandering racially motivated achieved use race proxy see part ii supra district example reaches grab small apparently isolated minority communities based evidence presented possibly form part compact majority minority district order make minority populations closer core shed suspect use race proxy neighboring incumbents interests see supra characteristics defeat claim districts narrowly tailored serve state interest avoiding liability require state create predominantly racial lines district reasonably compact see johnson de grandy slip dispersion minority population reasonably compact majority minority district created require majority minority district reasonably compact district created nothing requires race basedcreation district far compact appellants argue bizarre shaping non compactness raise narrow tailoring concerns appellants lawson et al claim shaw miller hape relevant evidence improper motive brief appellants lawson et al rely statement miller shape relevant bizarreness necessary element constitutional wrong threshold requirement proof may persuasive circumstantial evidence race sake districting principles legislature dominant controlling rationale drawing district lines slip arguments save districts us lawson appellants misinterpret miller district shape irrelevant narrow tailoring inquiry discussion miller served emphasize ultimate constitutional values stake involve harms caused use unjustified racial classifications bizarreness necessary triggerstrict scrutiny see miller slip significant deviations traditional districting principles bizarre shape noncompactness demonstrated districts cause constitutional harm insofar convey message political identity predominantly racial example bizarre shaping districts cutting across precinct lines natural traditional divisions merely evidentially significant part constitutional problem insofar disrupts nonracial bases political identity thus intensifies emphasis race argument availing determining strict scrutiny applies agreed district fact bizarre shaping noncompactness districts predominantly attributable racial political manipulation argument dissent post stevens dissenting address case otherwise compact majority minority district misshapen predominantly nonracial political manipulation see also post souter dissenting raising possibility state create majority minority district coincide gingles shape long racial data overused disagree factual premise justice stevens dissent districts drawn using racial considerations way reasonably designed avoid violation post districts us exhibit level racial manipulation exceeds justify state next contend district lines issue justified state compelling interest ameliorating effects racially polarized voting attributable past present racialdiscrimination brief brief appellants bush et al support contention cite texas long history discrimination minorities electoral processes stretching reconstruction modern times including violations constitution vra see williams dallas supp nd tex white regester terry adams smith allwright nixon condon nixon herndon see also history official discrimination texas became covered jurisdiction vra department justice since frequently interposed objections state subdivisions appellants attempt link history evidence recent elections majority minority districts anglos usually bloc voted hispanic african american candidates ibid state interest remedying discrimination compelling two conditions satisfied first discrimination state seeks remedy must specific identified discrimination second state must strong basis evidence conclude remedial action necessary embarks affirmative action program shaw ii ante citations omitted current problem appellants cite need remediation alleged vote dilution consequence racial bloc voting concern underlies vra compliance defense assumed valid purposes opinion indicated problems justify race based districting unless state employ sound districting principles affected racial group residential patterns afford opportunity creating districts majority shaw internalquotation marks omitted standard applied agreement district finding districts narrowly tailored comply forecloses line defense final contention offered state private appellants creation district justified compelling state interest complying vra made clear limited substantive goal insure voting procedure changes made lead retrogression position racial minorities respect effective exercise electoral franchise miller slip quoting beer appellants contend nonretrogression principle implicated harris county two decades contained congressional district african american voters succeeded selecting representatives choice african americans problem state argument seeks justify maintenance substantial augmentation african american population percentage district previous redistricting district population african american plaintiffs exh result hispanic population increases african american emigration district population reached african american hispanic time census state shown basis concluding increase african american population necessary insure nonretrogression nonretrogression license state whatever deems necessary insure continued electoral success merely mandates minority opportunity elect representatives choice bediminished directly indirectly state actions anticipated problem shaw reapportionment plan narrowly tailored goal avoiding retrogression state went beyond reasonably necessary avoid retrogression applying principle clear district narrowly tailored avoidance liability dissents make several arguments today decision none address specifics case responded points previously justice souter example reiterates contention shaw districts created view satisfying involve racial subjugation post may sense benign ly motivated shaw souter dissenting strict scrutiny apply rejected argument shaw reject explained see subject racial classifications strict scrutiny precisely scrutiny necessary determine whether benign justice stevens hypothetical targeted outreach program protect victims sickle cell anemia see post doubt whether misuse race foster harmful divisive stereotypes without compelling justification see need revisit prior debates dissents contend recognition shaw cause action threatens public respect independence federal judiciary inserting courts deep districting process believe dissents exaggerate dangers involved fail recognize implications suggested retreat shaw dangers judicial entanglement theprincipal dissent makes much cases stemming state districting plans originally drawn shaw problems arisen uncertainty law prior gradual clarification shaw miller today cases see post stevens dissenting aware difficulties faced district courts confronting new constitutional precedents also know nature expressive harms dealing complexity districting process bright line rules available believe today decisions illustrate defects offend principles shaw reemphasize importance discretion redistricting process see supra serve clarify responsibilities traditionally guarded sovereign districting prerogatives jealously confident fulfill requirement leaving courts customary appropriate backstop role rendered decisions plenary consideration five cases applying shaw doctrine shaw miller hays shaw ii case dissenters us abandon precedents suggesting fundamental concerns relating judicial role stake see post stevens dissenting post souter dissenting shaw ii ante stevens dissenting see noting judicial task distinguishing race based non race based action shaw cases far unique agree concerns implicated believe point way legitimacy requires adhere stare decisis especially sensitive political contexts present partisan controversy abounds legislators district courts nationwide havemodified practices rather reembraced traditional districting practices almost universally followed census response shaw practices precedents acknowledge voters mere racial statistics play important role defining political identity american voter fourteenth amendment jurisprudence evinces commitment eliminate unnecessary excessive governmental use reinforcement racial stereotypes see georgia mccollum exercise peremptory challenge must based either race juror racial stereotypes held party edmonson leesville concrete society continue progress multiracial democracy must recognize automatic invocation race stereotypes retards progress causes continued hurt injury powers may accept defense racial discrimination stereotype law condemns holland illinois prosecutor assumption black juror may presumed partial simply black violates equal protection clause batson kentucky equal protection clause prohibits state taking action based crude inaccurate racial stereotypes decline retreat commitment today judgment district affirmed apendix opinion texas congressional district appendix opinion texas congressional district appendix opinion texas congressional district nos george bush governor texas et appellants al vera et al william lawson et appellants appeals district southern district texas june justice concurring write separately express view two points first compliance results test voting rights act vra compelling state interest second test co exist principle practice shaw reno progeny elaborated today opinions stated plurality opinion ante joined rehnquist kennedy thus far assumed without deciding compliance results test vra compelling state interest see shaw hunt shaw ii draft op miller johnson slip although assumption determinative decisions today believe lower courts entitled definite guidance toil twin demands fourteenth amendment voting rights act results test violated based totality circumstances shown political processes leading nomination election state political subdivision equally open participation members racial minority group members less opportunity members electorate participate political process elect representatives choice background irresponsible state disregard results test supremacy clause obliges comply constitutional exercises congress power see art vi cl statutes presumed constitutional see fairbank presumption appears strong light weight authority affirming results test constitutionality addition fundamental concerns federalism mandate given leeway trapped competing hazards liability wygant jackson bd concurring allow assume constitutionality voting rights act including amendments conclusion bolstered concerns respect authority congress reconstruction amendments see rome results test important part apparatus chosen congress effectuate nation commitment confront conscience fulfill guarantee constitution respect equality voting congress considered test necessary appropriate ensure full protection fourteenth fifteenth amendments rights believed without results test nothing done overwhelming evidence unequal access electoral system voting practices procedures perpetuate effects past purposeful discrimination founded beliefs sad reality still communities nation racial politics dominate electoral process respect legislative conclusions mandates results test accepted applied unless current lower precedent reversed held unconstitutional view therefore compelling interest complying results test interpreted although agree dissenters role part national commitment racial equality differ belief commitment must reconciled complementary commitment fourteenth amendment jurisprudence eliminate unjustified use racial stereotypes time combat symptoms racialpolarization politics must strive eliminate unnecessary race based state action appears endorse disease today decisions conjunction recognition compelling state interest compliance reasonably perceived requirements present workable framework achievement twin goals summarize framework rules governing consideration race districting process follows first long subordinate traditional districting criteria use race sake proxy may intentionally create majority minority districts may otherwise take race consideration without coming strict scrutiny see ante plurality opinion post stevens dissenting post souter dissenting traditional districting criteria neglected neglect predominantly due misuse race strict scrutiny apply ante plurality opinion second voting racially polarized prohibits adopting districting schemes effect minority voters less opportunity members electorate elect representatives choice principle may require state create majority minority district three gingles factors present minority group sufficiently large geographically compact constitute majority single member district ii politically cohesive iii white majority votes sufficiently bloc enable usually defeat minority preferred candidate thornburg gingles third state interest avoiding liability vra compelling see supra post stevens dissenting post souter dissenting state strong basis evidence concluding gingles factors present may create majority minority district without awaiting judicial findings strong basis evidence need take particular form although simply rely generalized assumptions prevalence racial bloc voting fourth state pursues compelling interest creating district substantially addresses potential liability shaw ii ante draft op deviate substantially hypothetical drawn district predominantly racial reasons cf ante plurality opinion explaining district fails satisfy criteria districting plan deemed narrowly tailored cf ante plurality opinion acknowledging possibility post souter dissenting post stevens dissenting contending applicable finally however districts bizarrely shaped non compact otherwise neglect traditional districting principles deviate substantially hypothetical drawn district predominantly racial reasons unconstitutional see ante plurality opinion district illustrates application principles dallas county history racially polarized voting see white regester lipscomb wise supp nd tex rev rev one year redistricting issue district invalidated dallas city council election scheme finding racial polarization candidates preferred african american voters consistently defeated see williams dallas supp nd tex expert testimony litigation also confirmed existence racially polarized voting andaround dallas county tr see also app respect geographical compactness record contains two quite different possible designs district original johnson plan owens pate plan reasonably compact include respectively african american populations evidence provided strong basis texas belief creation majority minority district appropriate texas allowed race dominate drawing district almost total exclusion non racial districting considerations ultimately produced district misuse race proxy addition legitimate efforts satisfy bizarrely shaped far compact see ante plurality opinion compare post stevens dissenting thus came strict scrutiny failed narrow tailoring test disagreement among members district shows application principles outlined sometimes requires difficult exercises judgment difficulty inevitable voting rights act requires courts take action remedy reality racial inequality political system sometimes necessitating race based action fourteenth amendment requires us look suspicion excessive use racial considerations government believe playing primary role courts secondary role capable distinguishing appropriate reasonably necessary uses race unjustified excessive uses nos george bush governor texas et appellants al vera et al william lawson et appellants appeals district southern district texas june justice kennedy concurring join plurality opinion statements part ii opinion strict scrutiny apply cases intentional creation majority minority districts ante require comment statements unnecessary decision strict scrutiny applies consider dicta commit position question whether race predominant whenever state redistricting foreordains one race majority certain number districts certain part state view doubt apply strict scrutiny state decreed certain districts least percent white analysis different state favors minority races need answer question ample evidence otherwise demonstrates predominance race texas redistricting plurality shows ante question issue dewitt wilson supp ed cal summarily aff part dism part note summary affirmance dewitt stands proposition districts reviewed constitutional endorse reasoning district order summary affirmance judgment mandel bradley per curiam edelman jordan narrow tailoring issue agree districts challenged reasonably necessary serve assumed compelling state interest complying voting rights act plurality opinion indicates ante order compliance compelling interest state must strong basis evidence believing three threshold conditions claim met irst minority group sufficiently large geographically compact constitute majority single member district second politically cohesive third white majority votes sufficiently bloc enable usually defeat minority preferred candidate growe emison quoting thornburg gingles state assumed compelling interest avoiding liability still must tailor districts narrowly serve interest districting based race must substantially addres violation ante quoting shaw hunt ante shaw ii state may engage districting based race except reasonably necessary cure anticipated violation may use race proxy serve interests ante plurality gives example former fact district reaches grab small apparently isolated minority communities based evidence presented possibly form part compact majority minority district ibid referring tentacles district coil around outlying african american communities collin tarrant counties ante plurality holds portion predominant factor analysis central narrow tailoring inquiry district also involved illicit use race proxy legislators shifted blocs african american voters districts incumbent democrats order promote partisan interests see ante narrow tailoring absent districts well although state drawn either majority african american majority hispanic districtin harris county without difficulty evidence two reasonably compact majority minority districts drawn major alternative plans considered owens pate plan drew majority african american majority hispanic districts harris county app districts compact section require state create two noncompact majority minority districts compact district drawn either minorit independently see ante require state create predominantly racial lines district reasonably compact johnson de grandy slip op affirming upon finding vote dilution district decision give remedies african americans hispanics population overlap made remedies mutually exclusive race based districting state performed drawing districts justified indeed compelling interest either real assumed suffices defeat state claim three districts narrowly tailored shaw ii ante respect disagree apparent suggestion justice separate concurrence conduct second predominant factor inquiry deciding whether district narrowly tailored see ante nothing plurality opinion opinion support proposition simple question whether race based districting reasonably necessary serve compelling interest require noncompact majority minority district neither forbid provided rationale creating proper first instance districts drawn impermissible reasons according impermissible criteria may take shape even bizarre one preventedfrom taking account race neutral factors drawing permissible majority minority districts however bizarre shape district attributable race based districting unjustified compelling interest gratuitous race based districting use race proxy interests districts may cause constitutional harm insofar convey message political identity predominantly racial ante districts may pass strict scrutiny without defeat rival compact districts designed plaintiffs experts endless beauty contests ante district right declare unconstitutional egregious unjustified race based districting occurred nos george bush governor texas et appellants al vera et al william lawson et appellants appeals district southern district texas june justice thomas justice scalia joins concurring judgment view application strict scrutiny case never close question agree justice assertion strict scrutiny invoked intentional creation majority minority districts see ante though shaw reno shaw expressly reserved question effectively resolved subsequent cases last term adarand constructors pena slip vigorously asserted governmental racial classifications must bestrictly scrutinized miller johnson georgia concession intentionally created majority minority districts sufficient show race predominant motivating factor redistricting slip strict scrutiny applies governmental classifications based race expressly held exception race based redistricting slip shaw supra recognized evidentiary difficulty proving redistricting plan fact racial gerrymander see miller supra slip shaw never suggested racial gerrymander subject anything less strict scrutiny see difficulty proof course mean racial gerrymander established receive less scrutiny equal protection clause state legislation classifying citizens race shaw noted proving racial gerrymander sometimes difficult suggested evidence highly irregular shape disregard traditional race neutral districting principles suffice invoke strict scrutiny clarified miller plaintiff may rely circumstantial direct evidence said plaintiff must prove legislature subordinated traditional race neutraldistricting principles racial considerations slip shape georgia eleventh district quite compelling evidence racial gerrymander evidence showed legislature motivated predominant overriding desire create third majority black district evidence state concession legislature intentionally created additional majority black district see slip record found district reached conclusion race predominant factor drawing georgia eleventh district slip said impermissible racial classifications follow inevitably legislature mere awareness racial demographics see slip shaw supra intentional creation majority minority district certainly means mere awareness application traditional race neutral districting principles result creation district majority district residents members particular minority group see personnel administrator mass feeney distinguishing discriminatory intent intent volition intent awareness consequences view means legislature affirmatively undertakes create majority minority district existed express use racial classifications words majority minority district created merely spite racial demographics see ibid occurs traditional race neutral districting principles necessarily subordinated race necessarily predominates legislature classified persons basis race resulting redistricting must viewed racial gerrymander summary affirmance dewitt wilson supp ed cal summarily aff part dism part justify exempting intentional race based redistricting well established fourteenth amendment standard summarily affirm without opinion judgment three judge district affirm judgment necessarily reasoning reached unexplicated summary affirmance settles issues parties read renunciation doctrines previously announced opinions full argument fusari steinberg burger concurring omitted read summary affirmance dewitt eviscerate explicit holding adarand undermine force discussion georgia concessions miller case texas readily admits intentionally created majority minority districts districts existed affirmative use racial demographics state concedes brief texas intentionally maintained district african american opportunity district intentionally created districts minority opportunity districts order comply voluntarily reasonable belief based upon strong evidence required voting rights act desired insure minorities historically excluded electoral process texas reasonable opportunity elect candidates choice brief state appellants willing assume without deciding state asserted compelling state interest given assumption agree state redistricting attempts narrowly tailored achieve asserted interest concur judgment nos george bush governor texas et appellants al vera et al william lawson et appellants appeals district southern district texas june justice stevens justice ginsburg justice breyer join dissenting census revealed texas population grown past decade almost twice fast population country whole result texas entitled elect three additional representatives congress enlarging delegation texas growth concentrated south texas cities dallas houston state legislature concluded new congressional districts carved existing districts areas consequences political battle produced new map oddly shaped congressional districts today strikes three texas majority minority districts concluding inter alia odd shapes reveal state impermissibly relied predominantly racial reasons drew districts two reasons believe errs striking districts first believe misapplied tests racial gerrymandering applying strict scrutiny three districts concluding none meet scrutiny asking whether strict scrutiny apply improperly ignores complex interplay political geographical considerations went creation texas new congressional districts miller johnson slip focuses exclusively role race played state decisions adjust shape districts quick comparison unconstitutional majority minority districts three equally bizarre majority anglo districts compare ante appendix infra appendix demonstrates race necessarily predominant factor contorting district lines follow fair implications district findings conclude texas entire map political racial gerrymander see part iv infra even strict scrutiny applies find districts constitutional considers race extent necessary comply state responsibilities voting rights act achieving race neutral political geographical requirements plurality finding contrary unnecessarily restricts ability conform behavior voting rights act simultaneously complying race neutral goals see part infra second even concluded districts failed appropriate application still developing law appropriately read facts uphold district decision decisions issued today serve merely reinforce conviction analytically distinct jurisprudence racial gerrymandering shaw reno shaw struck jurisprudential wilderness lacks definable constitutional core threatens create harms significant suffered individual plaintiffs challenging districts see parts infra shaw hunt shaw ii ante stevens dissenting though travel ever farther passing decision return well traveled path left shaw factors motivating texas redistricting plan clearly revealed results elections immediately census democratic party control texas legislature new map two thirds districts including new ones elected democrats even though texas voters arguably morelikely vote republican democrat incumbents parties successful incumbents reelected three new districts elected state legislator essentially acted incumbent districting process giving incumbents percent success rate easy state achieve results simultaneously guaranteeing district enclosed residence incumbent contained number people complied federal state districting requirements much dallas andhouston example already represented congress democrats creating new democratic districts city ensuring politically safe seats sitting representatives required significant political gerrymandering task aided technological informational advances allowed state adjust lines scale city blocks thereby guaranteeing twists turns essentially impossible earlier redistricting result legislature efforts district concluded crazy quilt districts bore little resemblance work public spirited representatives vera richards supp sd tex see appendix clear race also played role texas redistricting decisions according census texas contained residents hispanic origin non hispanic african american districting scheme texas member delegation included four hispanics one african american harris county concentrated hispanic community divided among several majority anglo districts well themajority minority district dallas county majority black community south dallas split middle two majority anglo districts legislature well aware census minority communities county disproportionately responsible growth population gained three representatives state given omnipresence voting rights act demographics two communities pressure leaders minority communities cities unreasonable certainly invidious discrimination sort state accede calls creation majority minority districts cities complying multitude political legal requirements texas created three new majority minority congressional districts significantly reconfigured one district district concluded state impermissibly emphasized race nonracial factors drew two newdistricts district dallas district houston reconfigured district houston determine whether correctly affirms decision begin plurality asking whether strict scrutiny applied state consideration race creation majority minority districts traditionally applied strict scrutiny state action discriminates basis race prior shaw however cases discrimination harmed individual set individuals race contrast harm identified shaw progeny much diffuse see shaw ii ante stevens dissenting racial gerrymandering sort addressed cases discrimination sense lines drawn based race sense harm imposed given person account race aware distinction majority endorsed position crucial proper evaluation texas congressional districts neither equal protection clause provision constitution offended merely legislature considered race deliberately created three majority minority districts plurality statement strict scrutiny apply cases intentional creation majority minority districts ante merely caps long line discussions stretching shaw shaw ii expressly implicitly set forthprecisely conclusion conclusion race conscious districting always subject strict scrutiny merely recognizes equal protection jurisprudence sometimes mislead us rigid characterization suspect classes levels scrutiny previously noted equal protection jurisprudence might described form rational basis scrutiny apply strict scrutiny describe likelihood success character test applied see cleburne cleburne living center stevens concurring race rarely legitimate basis state classifications typically irrational invidious ground discrimination virtually automatic invalidation racial classifications natural result application equal protection jurisprudence certain circumstances however state action neither intent effect harming particular group ii designed give effect irrational prejudices held citizens break iii uses race classification race relevant benign goal classification need view action typically fatal skepticism used strike pernicious forms state behavior see wygant jackson bd stevens dissenting regents univ cal bakke insisted shaw racial classifications sort injure nation though necessarily particular group myriad ways see redistricting complies three factors outline simply sort despicable practice taken past exclude minorities electoral process see shaw ii ante stevens dissenting shaw souter dissenting gomillion lightfoot terry adams racial classification may risk stereotyping risk true discrimination case extremely tenuous light remedial purpose classification intended achieve long history resistance giving minorities full voice political process given balancing subtle harms strong remedies balancing best left political process well developed rigid jurisprudence plurality reasonably concludes race conscious redistricting always form discrimination direct skeptical eye agreed race point govern drawing district lines nonetheless suggests certain point state uses race much illegitimate racial stereotypes threaten overrun contaminate otherwise legitimate redistricting process miller concluded point reached race sake districting principles dominant controlling rationale behind shape district slip strict scrutiny apply therefore plaintiff must demonstrate legislature subordinated traditional race neutral districting principles including limitedto compactness contiguity respect political subdivisions racial considerations slip see also slip concurring strict scrutiny applied state emphasized race substantial disregard traditional districting principles ante opinion course determining predominant motive texas legislature citing miller slip simple matter themembers body faced many unrelenting pressures negotiated creation contested districts ensure deviation population district district reasonably believed create districts comply voting rights act see supra redistricting legislation enacted secure support incumbent congressmen parties drawing districts ensure election desires achieved within single contiguous district every timea district line shifted one place another considerations implicated additional compensating shifts necessary ensure competing goals simultaneously accomplished constrained environment rarely one dominant controlling influence nowhere better illustrated dallas district least clear race overriding factor lists several considerations taken combination lead conclude race cause predominant factor influencing district configuration first shape second evidence districts intentionally drawn consciousness race effort comply voting rights act third dismisses two race neutral considerations communities interest incumbency protection petitioners advanced race neutral considerations led odd shape districts finally plurality concludes race impermissibly used proxy political affiliation course redistricting opinion appropriate reading record demonstrates none factors either singly combination suggests racial considerations subordinated race neutral districting principles discuss turn bizarre shape noted supra texas legislature concluded add new district dallas county incorporate rapidly growing minority communities south dallas new district fit existing districts redistricting southern dallas county includingthe african american communities south dallas divided districts represented democratic representatives bryant frost respectively middle northern section county divided districts represented republicans state senator johnson began redistricting process proposing compact democratic majority minority district encompassing south dallas see app representatives bryant frost objected however proposed district included johnson residence homes located within miles opposite sides city furthermore johnson plan transferred many frost bryant reliable democratic supporters proposed district rather acquiesce creation compact majority minority district frost bryant insisted new district avoid homes many communities loyal johnson plan therefore quickly abandoned ibid accommodate incumbents desires district required geographical adjustments telling effects shape first two notches carefully avoiding residences neighborhoods surrounding frost bryant carved district side see appendix infra furthermore frost andbryant retained several communities many majority black along southern eastern sides proposed district see generally communities retained district much compact giving voters frost bryant however district forced seek population democratic voters elsewhere democratic incumbents blocked way south east north lesser extent west way go helped prospects democratic candidate new district simply plowed directly north pick additional population immediately north city dallas park cities include population voted strongly republican throughout recent elections see state exhs depicting one index political affiliation elections rather dilute democratic vote threaten republican incumbents manner district skirted communities west curved east picking upcommunities either side region major interstate freeways process extracting democratic voters core republican districts north dallas progressed distinction democratic republican voters moved precinct level smallest level political affiliation data immediately available redistricting programs smaller census block level smallest level demographic socioeconomic data available effort identify census blocks likely support candidacy incumbents used census data long experience local representatives well experiences staffers supporters see tr describing methods simply driving neighborhoods staff members candidates foroffice used develop block specific information regarding likely political affiliation voters addition although information political affiliation available block level computer program legislators staffers able get relatively precise information voter preferences system developed democratic party allowed candidates determine party primary voters participated examining information legislators able fine tune district lines include likely supporters exclude probably support opponents cf gaffney cummings hen political profiles overlaid census map requires special genius recognize political consequences drawing district line along one street rather another careful gerrymandering conducted texas legislature watchful eye johnson herstaff success district wide level johnson elected vote precinct level precincts heavily republican north dallas gave little reason democratic incumbent hope much support see state exh maps dallas collin counties election index results showing democrat leaning precincts north dallas gerrymandering occurred resulted smaller precincts indications gathered concentrations democratic voters district leaving concentrations republican voters surrounding districts see state exh maps dallas collin counties election index results showing many democrat leaning precincts north dallas sections district presumably relying shaw statement reapportionment plan may highly irregular face rationally understood anything effort segregat voters basis race plurality offers mathematical proof district one bizarre districts nation see ante relates obligatory florid description district shape ante see also ante describing district maps appended opinion demonstrate neither district houston districts monopoly either characteristics three majority white districts ranked along majority minority districts among oddest nation see pildes niemi expressive harms bizarre districts voting rights evaluating election district appearances shaw reno rev perhaps clearest example partisan gerrymandering outside context majority minority districtsis district majority anglo district represented republican every geographic atrocity committed district district commits district split precincts gerrymander democratic voters republican precincts district see tarrant county showing district cuts district travels river bed district follows boundaries lake district combines various unrelated communities interest within dallas suburbs district combines rural urban suburban communities district sends tentacles nearly miles core district tentacle hundreds miles long candidate walks core existence equally bizarre majority white district makes plurality discussion district odd shape largely irrelevant anything similarities districts suggest likely incumbency considerations led mutation district considerations forced district twist turn way north dallas political rather racial nature district gerrymander even starkly highlighted comparing districts struck shaw ii miller district black population instance far concentrated minority population north carolina district miller made clear odd shape georgia eleventh district result conscious effort increase proportion minority populations found exceedingly obvious shape eleventh district together racial demographics drawing narrow land bridges incorporate within district outlying appendages containing nearly district total black population deliberate attempt bring black populations district miller slip emphasis added citation omitted district precise demographic converse district struck miller district example compact core south dallas contains district population nearly district total black population compare ibid unlike appendages georgia district tentacles stretching north west district add progressively less way population important purposes inquiry actually reduce proportional share minorities district see state exh example worst offender trained eye may northern arm district winds around park cities collin county arm contains percent population percent black proportion essentially identical proportion african americans dallas county whole plurality certainly correct pointing district outlying reaches encompass communities high concentrations minorities implausible suggest however effort segregate voters drove district collect populations even district noted african american voters immediately adjacent core district intentionally excluded district order protect incumbents emphasis added forced republican territory collect democratic votes district intentionally picked minority communities though far majority white communities goal creating majority black district sacrificed incumbency protection sort predominance race race neutral factors discredits unlike georgia district north carolina district reason district first place collect minority communities collect population preferably democrats therefore fanciful assert several appendages district drawn obvious let alone predominant purpose putting black populations district miller slip sum fair analysis shape district likethe equally bizarre shape district belies notion shape determined racial considerations intent perhaps conscious noncompact congressional districts rule rather exception texas plurality suggests ante real key direct evidence particularly form texas voting rights act submissions person state senator johnson state expressed intent create districts given minimum percentage favored minority even appropriate rest test dominance examination subjective motivation individual legislators ontestimony given legal proceeding designed prove conflicting conclusion information little confirm state believed necessary comply voting rights act given reasonable understanding legal responsibilities see supra legislature acted ensure goal creating majority black district dallascounty undermined changes made accommodate district race neutral districting principles plurality admits see ante intent create majority minority districts trigger strict scrutiny admissions prove nothing see also shaw ii ante stevens dissenting nonracial factors community effort provide definitive explanation odd shape district state emphasized two factors presence communities interest tying together populations district role incumbency protection district plurality improperly dismissed considerations ultimately irrelevant shape districts first appellants presented testimony districts drawn align certain communities interest land use family demographics transportation corridors see although district recognized community characteristics amounted accurate descriptions district dismissed irrelevant districting process concluding evidence legislature particular communities interest mind drawing boundaries district ibid plurality concludes petitioners present reason displace conclusion ante understand require evidence ever exist entirely reasonable legislature rely experience members drawing particular boundaries rather clearly identifiable evidence presented demographers political scientists representatives members communities years unless intends interfere state politicalprocesses even already expressed intent presume intend require create comprehensive administrative record support redistricting process state legislators able rely experience prepared reports extent presence obvious communities interest among members district explicitly implicitly guided shape district amounts entirely legitimate non racial consideration nonracial factors incumbency plurality admits appellants present substantial case claim incumbency protection rivalled race determining district shape ante every individual participated redistricting process knew incumbency protection critical factor producing bizarre lines plurality points ante even district recognized nearly exclusivefocus creation safe districts incumbents intimately related bizarre shape district lines throughout state texas many incumbent protection boundaries sabotaged traditional redistricting principles routinely divided counties cities neighborhoods regions sake maintaining winning seats house representatives congressmen congressmen shed hostile groups potential opponents fencing districts legislature obligingly carved districts apparent supporters incumbents added appendages connect residences districts final result seems one people select representatives representatives selected people citations footnotes omitted difficult know begin attack misperceptions reflected conclusions theplurality failure seriously taints evaluation relative importance nonracial considerations creation district initial problem course threshold test set forth miller one must consider role incumbency protection determining whether unconstitutional racial gerrymander ultimate focus gerrymandering cases claim race dominant controlling rationale drawing district lines slip must applying test consider state claim given race neutral rationale controlled creation lines see slip compactness contiguity race neutral considerations basis redistricting legislation subordinated race state defeat claim district gerrymandered racial lines although may like state explanation excuse ignoring independent bar prevented use race neutral criterion district might position object state use however affirmed state interest incumbency protection see ante opinion white weiser also assured constitution require compactness contiguity respect political borders see shaw egregious political gerrymandering may particularly praiseworthy see infra may nonetheless provide race neutral explanation necessary state avoid strict scrutiny district lineswhere gerrymandering dominant controlling explanation odd district shapes district error apparently dispositive effect assessment whether strict scrutiny apply although aspects dispute plurality largely factual ante arise disagreement district credibility assessments erroneous conclusion state overwhelming reliance race neutral factor illegitimate irrelevant evaluation factors involved shifting district lines fair evaluation record made light appropriate legal standards requires conclusion different district following district misdirected path goes astray race proxy faced evidence politics race predominant factor shaping district lines plurality ultimately makes little effort contradict appellants assertions incumbency protection far important placement district lines race see ante instead adopts fall back position based argument far removed even analytically distinct claim set forth shaw suggests even predominant reason bizarre features majority minority districts incumbency protection state impermissibly used race proxy determining likely political affiliation blocks voters see ante opinion effect process likelihood relatively unimportant overall shape district comparison precinct results depiction proportion black population census block reveals democratic leaning precincts cover far greater area majority black census blocks compare state exh state exh one expect opposite effect single minded goal drawing districts racial composition rather political affiliation least maps suggest drawing boundaries involves demographic calculus far complex simple racial stereotyping furthermore extent race served proxy merely means fine tuning borders already particular locations primarily political reasons fine tuning use race course little different kind fine tuning legitimately occurred around edges compact majority minority district perceive reason legitimateprocess choosing minority voters inclusion majority minority district become suspect nonracial considerations force district lines away core finally note contexts racial classifications invidious irrational example irrational assume person qualified vote serve juror simply brown hair brown skin neither irrational invidious however assume black resident particular community democrat reliable statistical evidence discloses blacks community vote democratic primary elections see brief reason fact architects texas plan sometimes appear used racial data proxy making political judgments seems unjustified ante opinion constitutional significance assumption wealthy suburbanites whether black white likely republicans communists requiring state ignore associationbetween race party affiliation logical potentially harmful prohibit public health service targeting african american communities effort increase awareness regarding sickle cell anemia despite efforts plurality district evidence demonstrates race likelihood predominant goal leading creation district reasonable interpretation record evidence instead demonstrates political considerations accord presumption interference legislature consideration complex competing factors see supra conclude configuration district require strict scrutiny houston districts present closer question application strict scrutiny evidence thatmany race neutral factors motivating zigzags district present creation recreation districts contrast district however also evidence interlocking shapes houston districts specifically almost exclusively result effort create largely integrated communities majority black majority hispanic district purposes opinion willing accept arguendo conclusion houston districts examined strict scrutiny even errs concluding districts fail test plurality begins perfectly obvious assumptions state compelling interest complying voting rights act texas strong basis believing violated act create three new majority minority districts plurality goes conclude however final shape districts coextensive community form core violation districts narrowly tailored state interest ante respectfully disagree neither evidence insinuation suggests state redistricting process considered race reason means accomplishing compelling interest creating majority minority districts accord voting rights act goal accounts achieved districts certainly avoid liability voting rights act reasons continue escape however simply insists lack compactness districts prevent narrowly tailored solutions state interests uses two premises reach conclusion compactness required meet narrow tailoring requirement violated unless reasonably compact majority minority district created ii nothing requires creation noncompact district quarrel either proposition falls far short mandating conclusion draws state liable violation drawn compact district failed follow creating district way avoid violation see generally shaw ii ante stevens dissenting plurality admits state retains limited degree leeway drawing district alleviate fears liability ante independent constitutional duty create compact districts first place suggests none reason noncompact districts permissible method avoiding violations law fact might unacceptable judicial remedies doesnot speak question whether may acceptable adopted state legislature districts satisfy state compelling interest manner uses racial considerations way reasonably designed ensure satisfaction conclude districts narrowly tailored profess know developing jurisprudence racial gerrymandering alter political racial landscape nation although certainly alter landscape law area developed become ever apparent approach cases creates certain perverse incentives presume unanticipated effects serve highlight essentially unknown territory strides believe social political risks created decisions required constitution first choice avoid preceding analysis altogether leave considerations political branches government first unintended outcome legal reasoning shaw ii bush result decisions seek avoid predominance race districting process principles importance given unwillingness recognize role race neutral districting principles played creation bizarrely shaped districts case shaw ii seems clear way state create majority minority district avoid racial gerrymander drawing without much conscious thought ante opinion within limited degree leeway granted precise compact district impose successful challenge see post souter dissenting decisions today therefore minority voters make majority compact districts whether intentionally accidentally drawn white voters placed districts bizarre state desires great irony course requiring state place majority minority district particular place particular shape district may stand stark placid island sea oddly shaped majority white neighbors see karlan still hazy years voting rights era cumberland rev inviolable sanctity eligible districts signal manner blatant egregious racial gerrymanders minority community sits interfere imposed barriers limiting shape district interfere directly ability minority voters participate political process oddly shaped districts struck recent cases unaffected new racial jurisprudence majority white communities able participate districting process requesting placed certain districts divided districts effort maximize representation grouped distant communities might nonetheless match interests better communities next door contrast none political maneuvering permissible majority minority districts thereby segregating balkanizing far effectively districts issue manipulated political process easily white voters result seems involves discrimination far concrete manner odd shapes offended sensibilities miller shaw ii bush light recent work extolling importance state sovereignty federal scheme cf seminole tribe florida expected sensibilities steer course rather deferential one charts decisions today previously noted lectoral districting difficult subject legislatures must discretion exercise political judgment necessary balance competing interests miller slip see also post souter dissenting record case evidences complex interplay forces enter legislature redistricting calculus failure respect forces demonstrates even less respect legislative process expected decision miller results inconsequential miller today decisions may find extremely difficult avoid litigation flowing decennial redistricting one hand risk violating voting rights act fail create majority minority districts create districts however may open liability shaw progeny see miller slip ginsburg dissenting perhaps simply avoid problem abandoning voluntary compliance voting rights act altogether see shaw slip white dissenting post souter dissenting result necessarily bring peace redistricting guarantee districts created order comply immune attack shaw florida illinois instance sort schizophrenic second guessing already occurred see king state bd elections wl nd mar johnson mortham wl nd apr given difficulty reconciling competing legal responsibilities political realities redistricting cost ongoing litigation may simply step redistricting business altogether citing either frustration hopes getting federal resolve issues definitively single proceeding see johnson miller cv wl sd remand miller georgia legislature abdicated redistricting responsibilities federal district post souter dissenting noting likely vacuum responsibility state level regardless route taken guaranteed federal courts hand perhaps hand abrasive task drawing district lines wells rockefeller white dissenting given uniquely political nature redistricting process fear impact new role public perception impartiality federal judiciary reiterate cautionary admonition issued two decades ago fashioning reapportionment plan choosing among plans district legislative tasknor intrude upon state policy necessary white weiser citing whitcomb chavis wish leave impression decisions shaw present focusing entirely nonexistent problems merely believe entirely misapprehended nature harm flows sort gerrymandering rather attach blameworthiness decision majority share political power victims past discriminatory practices real concern significant harms flow legislative decisions serve purpose favor one segment whether racial ethnic religious economic political may occupy position strength particular point time disadvantage politically weak segment community karcher daggett stevens concurring case good illustration self serving behavior part legislators respect racial gerrymandering real problem politically motivated gerrymandering occurred texas many oddest twists turns texas districts never created legislature intent protecting party incumbents see also shaw ii ante stevens dissenting noting influences behind bizarre shape north carolina district minimizing critical role political motives played creation districts fear may inadvertently encourage objectionable use power redistricting process legislatures elected representatives responsibility behave way incorporates elements legitimacy neutrality must always characterize performance sovereign duty govern impartially cleburne responsibility discharged legislatures permit even encourage incumbents use positions public servants protect parties rather interests constituents see karcher daggett stevens concurring lines texas worth straightening twisted exclude altered include history race relations texas throughout south demonstrates overt evidence discriminatory voting practices lasting brischetto richards davidson grofman texas quiet revolution south impact voting rights act pp davidson grofman eds even recent years texans elected two black candidates statewide office majority white texas districts never elected minority either state senate congress brief petitioners one recent study suggests majority white districts throughout south remain suspiciously unlikely elect black representatives davidson grofman effect municipal election structure black representation eight southern quiet revolution south nationwide fewer hundreds legislators passed congress since black legislators elected majority white districts example nation black representatives elected majority minority districts three elected majority white districts see post souter dissenting perhaps state race relations texas matter nation optimistic might expected light facts may plurality exercise redistricting successful perhaps minority candidates forced run majority white districts able overcome long history stereotyping discrimination heretofore led vast majority majority white districts reject minority candidacies perhaps certain bodies elected federal state officials far better position anyone assess whether nation long history discrimination overcome nothing constitution requires unnecessary intrusion ability negotiate solutions political differences providing long excluded groups opportunity participate effectively democratic process respectfully dissent appendix opinion stevens texas congressional district appendix opinion stevens texas congressional district appendix opinion stevens texas congressional district appendix opinion stevens dallas fort worth area congressional districts graphic omitted see printed opinion nos george bush governor texas et appellants al vera et al william lawson et appellants appeals district southern district texas june justice souter justice ginsburg justice breyer join dissenting devises new cause action enforce constitutional provision identify injury distinguishable consequences concededly constitutional conduct describe elements necessary sufficient make claim nothing less give notice whose conduct may give rise liability provide standards courts charged enforcing constitution principles justification fair notice guidance never satisfied instance action announced three terms ago shaw reno shaw majority decided state violates fourteenthamendment equal protection clause excessive consideration race drawing boundaries voting districts even resulting plan dilute voting strength voters otherwise give rise liability fourteenth fifteenth amendments voting rights act far addressing injury members class subjected differential treatment standard presupposition equal protection violation shaw addressed putative harm subject complaint voter objecting untoward consideration race political process although repeatedly disclaimed intent go far outlaw conscious consideration race districting three rounds appellate litigation seeking describe elements define contours shaw cause action helpful statement shaw claim still eludes reasons go conceptual bone result failure provide practical standard distinguishing lawful unlawful use race inevitable confusion state houses courthouses consequent shift responsibility setting district boundaries state legislatures invested front line authority article constitution courts truly left superintend drawing every legislative district land today opinions little solve shaw puzzles return districting responsibility say denigrate importance justice position separate opinion ante compliance voting rights act compelling state interest statement takes significant step toward alleviating apprehension shaw odds voting rights act still true however combined plurality minority andcourt opinions ultimately leave law dealing shaw claim appreciably clearer manageable shaw extent clarity follows knowledge race may considered reasonably necessary conform voting rights act today opinions raise specter ostensible progress may come heavy constitutional price price shaw indeed may turn practical elimination state discretion apply traditional districting principles widely accepted without racial districting issues well confronting flaws shaw persist burdens placed courts shaw litigation loom larger approach new census new round redistricting recognize shaw problems result basic misconception relation race districting principles mistake amount case case tinkering eliminate therefore reason confidence eventually bring much order confusion created shaw case done yet respectfully dissent text indicates cases necessarily repeatedly recognized article constitution places responsibility drawing voting districts first instance see art cl house representatives shall composed memberschosen every second year people several electors state shall qualifications requisite electors numerous branch state legislature art cl times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations nonetheless recognized limits state districting autonomy discern strong constitutional justification reasonably definite standard example announcing numerical requirement one person one vote see reynolds sims never ignored constitution commitment districting responsibility political branches accordingly assumed years thattraditional districting principles widely accepted among represented informal baseline acceptable districting practices thus accorded substantial respect traditional principles example meant preserve integrity neighborhood communities protect incumbents follow existing political boundaries recognize communities interest achieve compactness contiguity seen objectives entirely consistent fourteenth fifteenth amendments demands see state may legitimately desire maintain integrity various political subdivisions insofar possible provide compact districts contiguous territory designing legislative apportionment scheme white weiser district suggest hold legislative policy districting preserve constituencies congressional incumbents unconstitutional even undesirable voinovich quilter derive reapportionment authority independent provisions state federal law federal courts bound respect apportionment choices unless choices contravene federal requirements internal quotation marks omitted citation omitted fundamental tenet underlying constitutionally unobjectionable principles respect communities interest neighborhoods say voting atomistic exercise although thelaw constitution representatives represent people places things particular interests reynolds supra notion representative democracy within federalist framework presumes may group individual voters together way let choose representative acceptable individuals ready represent widely shared interests within district aleinikoff issacharoff race redistricting drawing constitutional lines shaw reno rev collective partisans political preference whether preference defined party race measure voters assert right meaningful participation political process hence respecting implementation traditional districting criteria recognized basically associational character voting rights representative democracy accordingly shaw required evidence substantial harm identifiable group voters justify judicial displacement traditional districting principles evidence existed reynolds sims disparate weighting votes held unconstitutional present recognized unconstitutional consequences vote dilution see whitcomb chavis white regester one case harm mathematically identifiable arithmetic provided powerful circumstantial evidence impossibility political success chosen candidate racial numerical minority area pervasive racial bloc voting cases complainants easily identified group voters even cases racial vote dilution claims conceptually difficult state principle one person one vote readily recognized examples harm question indeed even one acknowledged voters served representative race constitution guaranteed right pick winner see whitcomb supra impossible see mere happenstance facts american voting age population black congress assembled black representatives black senator statistical abstract ed table black americans statistical sourcebook hornor ed table see also parker damaging consequences rehnquist commitment color blindness versus racial justice rev observing rior latest round redistricting census lacks constitute nation voting age population made members congress conclusion inescapable know intentional vote dilution accounted astonishingfact equally inescapable remedies vote dilution hedges reappearance form majority minority districts account fact congress showed increase black members total minorities congress cong supplement see also parker supra noting fifty percent increase number black members congress shaw thus limited judicial interference state districting efforts cases readily demonstrable harm identifiable class voters also confined concern districting cases capable providing manageable standard courts apply legislators follow within two years holding baker carr malapportionment justiciable issue recognized general equal protection jurisprudence insufficient task announced increasingly rigid simple apply voting specific mandate equipopulousity karlan still hazy years voting rights era cumberland rev karlan era likewise although quite true common definition racial vote dilution injury less opportunity participate political process elect representatives model concrete description identified categories readily comprehensible evidence bearing likelihood ofsuch injury including facts size minority population quantifiable indications political cohesiveness bloc voting historical patterns success failure favored candidates see thornburg gingles white regester particularity evidence goes far separate victims political inequality happened support losing candidates shaw however broke abruptly standards including understanding equal protection practical guarantee harm class singled disparate treatment whereas malapportionment measurably reduces influence voters populous districts vote dilution predestines members racial minority perpetual frustration political losers shaw spoke harm confined identifiable class singled disadvantage see shaw ii ante stevens dissenting noting absence customary disadvantaged class describing shaw cause action substantive due process rather equal protection claim indeed shaw calls harm identifiable practical sense seem play favorites fall every citizen every representative alike shaw explained conception injury saying forbidden use race reinforces perception members racial group think alike share political interests prefer candidates polls leads elected officials believe primary obligation represent members group rather constituency whole shaw injury probably best understood expressiveharm one results idea attitudes expressed governmental action rather tangible material consequences action brings pildes niemi expressive harms bizarre districts voting rights evaluating election district appearances shaw reno rev see also theory voting rights shaw endorses centers perceived legitimacy structures political representation rather distribution actual political power racial political groups extent racial considerations express notions shadows fall majorities well minorities whites well blacks politically dominant well politically impotent thus injury supposed barred equal protection clause subject analytically distinct cause action created shaw supra bears virtually resemblance types claims gerrymandering deemed actionable following davis bandemer involving districting decisions removed identifiable class disfavored voters effective political participation see gomillion lightfoot thornburg gingles logic traditional equal protection analysis odds shaw concept injury rhetoric racially motivated injury inappositeto describe consideration race thinks unreasonable although used metaphor political apartheid refer segregation minority group eliminate association majority opposed integration shaw supra talk sort racial separation point de jure segregation term political apartheid brings mind unconstitutional emphatically implies inferiority one race see brown board education separate minority children others similar age qualifications solely race generates feeling inferiority status community shaw contrast vindicated complaint white voter objected segregation particular racial proportions district see karlan separatism voting rights american nationalities policy chi legal forum hereinafter karlan separatism noting irony term apartheid used describe among integrated districts country whatever district may symbolized apartheid proportion racial mixture reflect purpose racial subjugation district question created effort give racial minority opportunity achieve measure political power voters general white voters members ethnic minorities particular enjoyed matter course light majority minority district purpose allow previously submerged members racial minorities active political process use race plausibly said affect individual group sense comparable injury inflicted de jure segregation obviously conveys message inferiority outsider status members white majority excluded district andbecause condition addressed creating district function numbers plan implies nothing capacity value minority gives chance electoral success added anomalies shaw idea equal protection injury rhetoric descriptions conceptual inadequacy shaw whereas defines injury reinforcement notion members racial group prefer candidates polls immediate object constitutional prohibition intentional dilution minority voting strength protect right minority voters make preference effective example vote dilution virtue racial bloc voting unless voters racial minority tend stick together voting given candidate perhaps though necessarily race well indeed correlation race candidate preference make sense say minority voters less opportunity others elect part mainstream winners choices voting thus racially polarized polarization majority minority districts provide practical means avoiding dilution remedying dilution injury occurred already shaw thus placed choose avoid long recognized constitutional harm vote dilution risk casting doubt legitimacy classic remedy creation majority minority district reinforces notion correlation race voting correlation condition success ordered remedy depends definition injury broad cover constitutionally necessary efforts prevent remedy violation fourteenth fifteenthamendments voting rights act one way temper overreach concept injury though avoid difficulty equal protection injury usual sense discussed see supra simply exclude definition shaw injury use race districting reasonably necessary remedy avoid dilution move least direction see infra sound one continuing recognition despite broad definition harm every intentional creation majority minority district requires strict scrutiny see ante ante concurring cf miller slip concurring suggested qualification fall short eliminating difficulty caused existing definition uses race remedy past dilution hedge future dilution legitimate uses race covered threatened overbreadth shaw injury become clear examining efforts solve definitional problems relying upon degree race used defining injury discerns failure devise concept shaw harm distinguishes injured differentiate violation remedy matched inability provide manageable standard distinguish forbidden districting conduct application traditional state districting principles plans produce failure regrettable need occurred spoke shaw district shape bizarre unequivocal indication race influenced districting decision unreasonable degree shaw pointing workable criterion ofshape translatable objective standards leaving shaw theoretical inadequacies aside possible devise cause action rested expressive character district shape created safe harbor notion compact district objectively quantified terms dispersion perimeter population see pildes niemi followed course districts whose grotesque shapes provoke sharpest reaction eliminated racially mixed known avoid shaw violations thus federal judicial intrusion shaw left doctrinal incongruity unmanageable one however rejected opportunity last term miller johnson supra declined contain shaw standard sufficiently quantifiable guide decisions state legislators inform limit review districting decisions courts rejected shape sufficient condition finding shaw violation even necessary one slip see also issacharoff constitutional contours race politics rev miller rather categorical refusal limit application equal protection clause bizarre districts alone issacharoff constitutional contours instead recharacterized cause action terms devised cases addressing essentially different problems proscribing consideration race predominant factor motivating legislatur slip use race substantial disregard customary traditional districting practices slip concurring standard addressed untidy world politics neither predominant factor substantial disregard inspires much hope true course law rests certain liability decisions feasibility untangling mixed motives courts juries manage untangling see mt healthy city bd ed doyle employee burden show constitutionally protected conduct substantial factor decision rehire employer burden show made decision even absence protected conduct hunter underwood racial discrimination shown substantial motivating factor behind enactment law burden shifts law defenders demonstrate law enacted without factor see arlington heights metropolitan housing development rarely said legislature administrative body operating broad mandate made decision motivated solely single concern even particular purpose dominant primary one first glance may seem entirely question courts sort strands shaw cases even cool comfort misplaced may entitled confidence thatin cases able example distinguish relative strength employer dissatisfaction employee job performance displeasure worker union membership see nlrb transportation management confidence unwarranted districting context merely nature districting decisions makes difficult identify whether particular consideration racial otherwise predominant motive though certainly true districting plans integrated bundles compromises deals principles ask reason behind design one particular district typically implicate entire pattern purposes trade offs behind districting plan whole searching reason dominant reason behind particular district shape often like asking one year federal budget one level rather another moreover require coherent explanation specific shape even one district impose model legalistic decisionmaking one political process least resembles model pildes niemi supra omitted example legislature may draw district lines preserve integrity given community leaving intact members served one representative objective inseparable preserving community racial identity community characterized even self defined race majority live old truth recognized every time political process produced irish italian polish ward thnicity tie people together volumes social science literature documented even people divergent economic interests reason ethnicity significant force political life creation ethnic districts reflecting felt identity ordinarily viewed offensive demeaning included delineation miller johnson slip ginsburg dissenting thus impossible theory practice untangle racial consideration application traditional districting principles society plagued racial bloc voting racial minority population political significance least unrealized potential achieving fundamental reason test turning predominant purpose incapable producing answer traditional districting principles applied political environment shaw actions brought shaw recognition misuse race districting even vote dilution results thus rests upon two basic deficiencies first failure provide coherent concept equal protection injury separably injured class concept harm condemn constitutionally required remedy past dilution well many districting practices seeking preserve second failure toprovide coherent test distinguishing predominant racial consideration application traditional districting principles society whose racial mixture politically significant racial bloc voting exists necessary consequence shortcomings arbitrariness impossible distinguish valid decide far members racial minorities may engage sort pluralist electoral politics every bloc voters enjoys karlan separatism indeed one needed proof arbitrariness one need go justice stevens dissent case plurality effectively concedes justice stevens unfairly applied principles governing shaw cause action cf ante noting application precedents district disagreement justice stevens dissent ante largely factual judgment faithfully applied principles spirit intended plurality yet conclusions two sides reach applying precisely test different along endemic unpredictability come destruction clear incentive substantial minority populations take action avoid vote dilution shaw state politicians recognized minority vote dilution occurred likely occur without redistricting aimed preventing urge colleagues right thing fourteenth amendment counsel terrorem losing dilution case bring liability counsel fees see issacharoff constitutional contours minority political actors leverage political power enforcement provisions section voting rights act threat suit section actagainst adverse districting decisions cf hastert illinois state bd election commr awarding fees prevailing parties case state legislature failed draw congressional districts board elections objection interest eventual outcome except outcome implement emphasis original argument blunted perhaps eliminated practice risk counsel fees shaw action seeking comply good faith requirements federal civil rights laws find walking tightrope draw majority black districts face lawsuits equal protection clause face objections section voting rights act lawsuits section karlan era see ante stevens dissenting one hand risk violating voting rights act fail create majority minority districts create districts however may open liability shaw short told get things right dilution predominant consideration race short dilution without told tendency conflicting incentives toward stalemate neither moral force constitution mercenary threat liability operate effectively obscurity consequence comprehensible districting obligations confronted legislators governors vacuum responsibility state mixed population shaw suits come longer say old assurance duty comply federal requirements districting since state like individual hardly blamed failing fulfill obligation never beenexplained true course state may suffer consequences ultimate arbiter decides result different one state put place bad luck change fact state said obliged apply standard revealed responsibility result said rest final arbiter practical responsibility districting simply shifted political branches mixed populations courts particular apparently set upon course reviewing challenged districts one one issuing opinions depend idiosyncratically unique facts case provide real guidance either lower courts legislatures karlan era tragedy shift political responsibility lies fact occurrence instance absence coherent persuasive justifications causing occur although today cases address uncertainties stem shaw underlying incoherence aim mitigate inscrutability specific rules today cases expressly assumes avoiding violation voting rights act qualifies sufficiently compelling government interest satisfy requirements strict scrutiny see ante done three previous cases assume without deciding compliance results test section voting rights act compelling state interest shaw ii ante assume arguendo purpose resolving case compliance compelling interest decision toassume important point arguendo holding see seminole tribe florida souter dissenting slip assumption encouraging confirms view intentional creation majority minority districts necessarily violation shaw ante strict scrutiny apply cases intentional creation majority minority districts indicates intend bring shaw cause action cruelly ironic point finding voting rights act amended violation fourteenth amendment equal protection guarantee cf pildes niemi observing believed serious constitutional questions fundamental structure scheme numerous means avoid permitting unconstitutionally composed legislature assume power seeing reservation question voinovich quilter evidence majority prepared find general ban race conscious districting constitution justice separate opinion ante bears points emphatically view compliance arguendo compelling state interest statement position virtually insulate voting rights act jeopardy shaw second point reference come today cases rule state begins map drawing efforts compact majority minority district required gingles state may rely heavily racial data adjusting district serve traditional districting principles rule may indeed provide useful guidance state legislatures inherentweakness clear said supra theory fact impossible apply traditional districting principles areas substantial minority populations without considering race principles sure ban overuse racial data may much significance racially identified communities identified ways today protecting minority incumbent may another matter since assume plurality reliance information party affiliation serve protect minority incumbent tell use racial data go far plurality view ante therefore may well loss capacity protect minority incumbency price rule limiting use racial data exceedingly odd result whole point creating yesterday majority minority district remedy prior dilution thus permitting election minority incumbent seems declare protected incumbent third point reference attributable today cases yet possibility suggestion discussions narrow tailoring test seeking avoid violating voting rights act may draw district voting rights act compels district alone see shaw ii ante rejecting north carolina district sufficiently coincide assumed gingles district ante stevens dissenting seems clear way state create majority minority district avoid racial gerrymander drawing within limited degree leeway granted precisecompact district impose successful challenge say district drawn avoid dilution must respond dilution threat geographically exact way see shaw ii ante suggesting may flexibility complying voting rights act ante stevens dissenting noting traditionally enjoyed broader discretion drawing district lines presumably district drawn race conscious fashion survive compact gingles district hypothesized purposes stating vote dilution claim positioned hypothetical district ultimately reach conclusion one respect taking step back toward shaw suggestion district shape might play important determinative role establishing cause action step however much return shaw suggested compact district safe district hypothesized gingles see shaw district lines may drawn example provide compact districts contiguous territory maintain integrity political subdivisions refer step possibility deliberately shaw ii go beyond intimation effect bush raises doubt go far see ante rejecting argument made justice stevens see also ante retain flexibility federal courts enforcing lack nothing say today read limiting state discretion apply traditional districting principles see ante concurring state pursues compelling interest creating district substantially addresses potential liability deviate substantiallyfrom hypothetical drawn district predominantly racial reasons districting plan deemed narrowly tailored citations omitted see also ante also reaffirm narrow tailoring requirement strict scrutiny allows limited degree leeway furthering interests thus reject impossibly stringent district view narrow tailoring requirement district must least possible amount irregularity shape making allowances traditional districting criteria citation omitted indeed bush leaves open possibility state create majority minority district coincide gingles shape long racial data overused ante suggest shaw claim premised solely deviation gingles district suffice say try render shaw definite imposing limitations shape placement added measure clarity either elusive come exorbitant price seeking comply voting rights act fourteenth fifteenth amendments elusive meant race considered alleviating racial dilution applying traditional districting principle already seen race inextricably intertwined common districting principles applied multiracial society see supra come exorbitant price districting principle allowed affect compactness placement required purposes gingles thus cutting back state power vary district shape application districting principles supposed predominate importance racial consideration reducing discretion state seeking avoid correct dilutionto scope federal discretion devising remedy dilution course justification taking step good reason limit federal discretion interfere state political process employs remedial power dilution cases cf voinovich quilter federal courts barred intervening state apportionment absence violation federal law precisely domain conduct apportionment apparent reason impose limitations upon discretion accorded state subject independent constitutional duty make apportionment decisions see ibid derive reapportionment authority independent provisions state federal law federal courts bound respect apportionment choices unless choices contravene federal requirements internal quotation marks omitted principles federalism tried follow strongly counsel imposing limitations sum three steps takes today toward definite cause action either fail answer objections shaw prompt objections recognition state interest complying voting rights act address practical impossibility courts encounter identifying predominant use race distinguished lesser reasonable consideration state applies customary districting principles limitation use racial data unlikely make much difference practice except jeopardize minority incumbency protection possibility require gingles districts districts substantially close compliance voting rights act objectof districting render state districting obligation definite eliminating ability apply districting principles traditionally considered important enough furnish theoretical baseline reasonable districting practices today developments fall short curing shaw unworkability must said options addressing assuming shaw overruled flawed experiment may select two alternatives depending whether weightier concern preserve traditional districting principles cure anomalies created miller predominant purpose criterion first choice preserve shaw guise least revolutionary effect districting principles practice give primacy principle compactness define limits tolerance unorthodox district shape imposing measurable limitation bizarre presumably chosen reference historical practice adjusted eliminate influence dilution practice may caused past cf pildes niemi discussing egregious racial gerrymanders century calculated basis district dispersion perimeter population see alternative true shaw maintaining point reached initially lawful consideration race becomes unreasonable identifying appearance expression undue consideration eliminate miller impossible obligation untangle racial considerations called race neutral objectives according respect community integrity protecting seats incumbents racial composition district voter behavior bar anypractical chance separating incongruities shaw concept injury considered light customary equal protection analysis remedial practice traditional respect state districting discretion course persist shaw defined measures identified forbidden shape manifestation unreasonable racial emphasis least provide notice guidance missing law today alternative retaining shaw cause action guise accept fact kind polarized multiracial societies generate shaw actions presently understood racial considerations inseparable many traditional districting objectives making impossible speak race predominating consequence facing reality consideration race forbidden supposedly unreasonable degree use districting principles implicate use race must forbidden traditional districting practices must eliminated result course consistent shaw concept injury affecting voters whatever race cf valley forge christian college americans separation church state fact expressive harms insufficient satisfy article iii standing requirements allow relaxation requirements result short colorblindness determining manner choosing representatives either eliminating practice districting entirely replacing districting principle randomness account race way direction shaw miller together point objections following course seem insurmountable first irony price imposing principle colorblindness thename fourteenth amendment submerging votes fourteenth fifteenth amendments adopted protect precisely problem necessitated recognition vote dilution constitutional violation first place eliminating districting name colorblindness produce total submersion random submersion packing result districting computerized process colorblind randomness thus unless attitudes produce racial bloc voting eliminated along traditional districting principles dilution become norm dilution intentional constitutional violation eliminated randomly districted system theoretical nicety overshadowed concrete reality result decision almost inevitably called representative congress something like black members see supra event submergence violate prohibition even non intentional dilution found voting rights act way avoid conflict declare voting rights act unconstitutional prospect hardly harmony readiness assume today compliance voting rights act qualifies compelling state interest purposes litigating shaw claim second objection equally clear whatever may implications called shaw failings repeatedly made plain shaw way intended effect revolution eliminating traditional districting practice sake colorblindness shaw despite invocation ideal color blind constitution see plessy ferguson harlan dissenting appellants appear concede race conscious districting always unconstitutional concession wise never held thatrace conscious state decisionmaking impermissible circumstances cf richmond croson scalia concurring judgment criticizing majority rejecting strict principle colorblindness indeed fear led creation shaw cause action racial concerns taking heavy toll districting practices evolved years political process shaw justice moreover made obvious race legitimate place districting shaw supra race conscious redistricting always unconstitutional miller concurring slip ante concurring intentional creation majority minority districts forbidden shaw miller slip concurring districts may permissible even though race may well considered redistricting process ante concurring shaw aimed exceptional district slip application standard throw doubt vast majority nation congressional districts present majority justices scalia thomas record concluding intentional creation majority minority district forbidden racial gerrymander ante thomas concurring judgment since radical transformation political selection process name colorblindness question options dealing shaw unworkability truth confine cause action adopting quantifiable shape test eliminate cause action entirely even truncated shaw rest untenable foundation described supposed expressive harmshaw seeks remedy unlikely justify disruption even modified shaw invite presently good reason withdrawal presently untenable state law complete take commands stare decisis seriously problems shaw progeny serious unable provide workable standards chronic uncertainty begotten discernible reliance costs persisting doubt limits state discretion state responsibility high indeed added reason admit shaw failure providing manageable constitutional standard allow faith political process process evolved traditional districting principles pledged preserve applied past deal ethnicity way influence thinking prospects race difficult see consideration race shaw condemns avoid essentially different consideration ethnicity entered american politics moment immigration began temper regional homogeneity recognition ethnic character neighborhoods incumbents application districting principles view traditional allowed ethnically identified voters preferred candidates enter mainstream american politics see miller supra slip ginsburg dissenting judd politics american cities private power public policy ed see generally erie rainbow end irish americans dilemmas urban machine politics attain level political power american democracy result state regime ethnic apartheid ethnic participation even moderation ethnicity divisive effect inpolitical practice although consciousness ethnicity disappeared american electorate talismanic force appear cooled time took boston irish voters example elect thomas menino mayor reason hope vote dilution attacked time race given recognition ethnicity historically received american politics force race politics also moderate time even signs hope may vindicated even evidence necessarily tentative yet see civil rights voting rights act ten years many areas great increase minority registration voting since passage voting rights act meant politicians longer afford ignore minority voters brought significant decline racial appeals candidates made incumbents candidates responsive minority needs carsey contextual effects race white voter behavior new york city mayoral election politics reporting contextual effects race may different contextual effects factors like partisanship ethnicity social class might believed sigelman sigelman walkosz nitz black candidates white voters understanding racial bias political perceptions political science years white americans expressed increasing willingness vote black candidates peirce fresh air city hall baltimore sun contest contest victory gone mayoral candidates eschew talk race see also gingles noting crossover voting favor minoritycandidates common minority incumbents stand reelection collins norfolk possibility racial politics may grow wiser long minority votes rescued submergence considered determining far fourteenth fifteenth amendments require us devise constitutional common law supplant democratic process litigation federal courts counsels accepting profession shaw yet evolved manageable constitutional standard case invocation today respectfully dissent footnotes together lawson et al vera et vera et also appeal application precedents district disagreement justice stevens dissent post largely factual reviewing district findings primary fact ignore reality district heard several days testimony argument became significantly familiar factual details case therefore believe dissent errs second guessing district assessment witnesses testimony see post dismissing mere fine tuning post practice using race proxy district found based ample evidence pervasive see vera richards supp sd tex reason decline debate dissent every factual nuance diverges district view two specific claims district merit response first dissent asserts comparison precinct results depiction proportion black population census block reveals democratic leaning precincts cover far greater area district majority black census blocks post emphasis added may true dissent reliance election results misplaced results legislature drew district lines may well reflect popularity campaign success representative johnson party political predispositions district residents error infects dissent discussion collin county hook post relying election results looking totals rather difference areas inside outside district lines misleading race may predominate drawing ofdistrict lines lines finely drawn maximize minority composition district notwithstanding overwhelmingly democratic area total democrats district far exceeds total minority population second dissent suggests strict scrutiny apply district compact core higher african american population percentage wayward tentacles post ignores necessity determining whether race predominated redistricters actions light work various adjacent majority minority populations carved away use race proxy enhance electoral chances neighboring incumbents core district substantially small form entire district principal question faced redistricters therefore territory add core remainder dallas area remainder average african american population substantially county average answering question district explained maps bear witness redistricters created bizarre far reaching tentacles intricately consistently maximize available remaining african american population adarand overruled metro broadcasting fcc held strict scrutiny applies racial classifications federal government well quite time however consistently held race based classifications must strictly scrutinized see richmond croson plurality opinion scalia concurring judgment wygant jackson board plurality opinion concurring part concurring judgment unnecessary parse detail contours challenged district see ante agree geographic evidence sufficient invoke strict scrutiny state directly conceded intentionally used racial classifications create majority minority districts need rely circumstantial evidence district recognized erroneously ignored overwhelming weight evidence demonstrating political considerations dominated shaping texas congressional districts see vera richards supp sd tex infra believe political gerrymanders objectionable racial gerrymanders perceived recent cases see karcher daggett stevens concurring davis bandemer powell concurring part dissenting part entirely unsympathetic holding believe however evils political gerrymandering confronted directly rather race specific approach thecourt taken recent years see also infra elections since state elected democrat two four gubernatorial races two six races senate america votes handbook contemporary american election statistics scammon mcgillivray furthermore republican candidates received total votes democratic candidates texas races house representatives democratic house candidates outpolled republicans votes despite winning districts america votes handbook contemporary american election statistics scammon mcgillivray eds state senator dallas eddie bernice johnson chair senate subcommittee congressional districts maneuvered construct district manner ensure election politics america congress district eddie bernice johnson drew vice chair committee frank tejeda also attempted draw district district facilitate potential candidacy state senator gene green state representative roman martinez houston area officials designs congress competed effort design district way guarantee election martinez later dropped congressional race run state senate role legislators played redistricting process largely identical played sitting incumbents references role incumbents redistricting process generally refer individuals well many texas kept track shapes districts computer districting program loaded census information geographic information scales ranging statewide city block see generally shaw hunt supp ednc describing computer programs dramatic increase bizarrely shaped districts traced least part fact computers allowed legislators achieve political goals geographically manner far precise heretofore possible see pildes niemi expressive harms bizarre districts voting rights evaluating election district appearances shaw reno rev note illegitimacy incumbent gerrymander texas rev state added district majority hispanic district south texas district majority hispanic district houston district majority black district dallas addition state reconfigured houston district district elected african american representatives congress since early remained majority minority although plurality population hispanic create district legislature altered shape district move parts hispanic population neighboring district retaining majority black population extent precise shape districts relied race rather factors racial gerrymandering somewhat less effective political gerrymandering district created majority hispanic district elected anglo former state senator green reelected america votes given substantial role crafting district meet electoral needs see supra green success suggests power incumbency race agree approach cases nonetheless given seems settled conclusion racial gerrymandering claims may pursued endorse proposition though expressly reserving issue shaw noted petitioners wisely conceded race conscious redistricting always unconstitutional never held race conscious state decisionmaking impermissible circumstances emphasis original threshold test application strict scrutiny set forth miller implicitly accepts true concluding strict scrutiny applies race merely influences districting process legislature subordinated traditional race neutral districting principles racial considerations miller johnson slip emphasis added see also slip concurring test throw doubt vast majority nation congressional districts even though race may well considered redistricting process shaw ii similarly recognizes intent trigger strict scrutiny although district concluded state deliberately drew district question ensure included majority african american citizens see shaw shaw ii ante reviews district findings regarding demographics district determine whether strict scrutiny appropriately applied see ante cf ante thomas concurring judgment state intends create majority minority district application strict scrutiny even close question justice thomas takes strong view matter arguing majority minority district escape strict scrutiny created spite race population ante minorities definition minorities population rare indeed state stumble across district minority population large enough segregated enough allow majority minority districts created mere awareness placement lines create district see ibid indeed doubt district exists entire nation creation even compact majority minority district generally require conscious decision draw lines ensure group minority district population appears however even district placed order include traditional community race correlate community interests consider example new york district centered onharlem justice thomas review district presumption invidiousness viewed district gomillion lightfoot cf miller slip ginsburg dissenting noting ethnicity tie people together communities interest creation district threatens neither harms gomillion believe harms fourteenth amendment intended protect accept conclusion approach cases kind seeks identify predominant motive legislature worth pointing many prior occasions often difficult impossible determine sole dominant motivation behind choices group legislators palmer thompson every legislative body members texas legislature agenda interests particularly complicated process redistricting every decision inevitably sharp political impact white weiser circumstances arely said legislature operating broad mandate made decision motivated solely single concern even one particular purpose dominant primary one fact legislators properly concerned balancing competing considerations courts refrain reviewing merits decisions absent showing arbitrariness irrationality arlington heights metropolitan housing development see also edwards aguillard scalia dissenting shaw ii ante stevens dissenting case legislature operating broad mandate factors weigh favor deference well first inherently political process redistricting much core state sovereignty second motive concerned per se impermissible reason case different price waterhouse hopkins arlington heights metropolitan housing development plaintiffs alleged defendant action motivated anintent harm individuals status members particular group proof discriminatory purpose motivating factor decision judicial deference due legislative process longer justified finally injured allegedly discriminatory districts alleviate injury democratic process district elect representative part racial group population large elect legislature refused rely racial considerations drawing districts circumstances take particular care questioning legislature motives doubt presume legislature acted appropriately see post souter dissenting require state legislatures ensure populations district district mathematically equal reasonably possible de minimis exceptions permissible unavoidable instances white weiser see also karcher population variances permissible even necessarily result state attempt avoid fragmenting political subdivisions drawing congressional district lines along existing political subdivision boundaries white citing kirkpatrick preisler legislature therefore understandably felt compelled achieve mathematical equality regardless concerns rather surprisingly able every one texas congressional districts contains precisely persons course precision accomplished without breaking apart counties cities neighborhoods even voting precincts phenomenon unique dallas county throughout state incumbent residences repeatedly fall along district lines giving examples see state exhs showing incumbent residences district instance changed rural district stretching far southeast dallas suburban district wrapping around fort worth however district pivoted around home incumbent representative joe barton whose residence sits extreme southeastern end district stretching mile longloop around fort worth see appendix infra plurality suggests communities shed district suspect use race proxy neighboring incumbents interests ante see also thought however concern cases resemblance political apartheid involved creation majority minority districts shaw see decision include minority communities neighboring majority white district bears resemblance apartheid matter relevance validity creation district minority communities excluded see also infra see tr testimony christopher sharman ny time took part district away one end usually squeeze push district another end case time district get pushed north author district opinion aware political realities see jones noting johnson want anything park cities id want competition ross perot light recognition difficult understand district described district efforts avoid community contributing factor allegedly race based bizarreness district borders see ante political boundaries closely packed urban rural areas drawing lines based boundaries almost always require tighter twists turns urban districts rural districts significantly three districts struck district three districts entire state population densities persons per square mile see dept commerce bureau census population housing characteristics congressional districts congress texas enough empty land added districts matched sparse densities rural districts district upheld district turns appear sharp open space without demographic implications smooth deepest districts notches democratic communities identified connected core district although texas state statutory constitutional requirement effect state legislators agreed districts entirely contiguous permitting candidate map hand visit every residence district without leaving incumbents influenced shape districts ways district district instance detoured include portions state legislative districts represented state legislators hoped run congress see state exh showing portion tarrant county included district part johnson state senate district cases legislators drew districts avoid residences potential primary challengers see tr incumbents also sought include communities expected knew contain particularly active supporters interest active voters often trumped desire ensure particular racial makeup see two extremely noncompact majority anglo districts texas districts might able blame part though means contortions contiguity majority minority districts district little excuse although shares border district short distance stretch one straightest either districts running almost entirely along county line dallas fort worth international airport see appendix infra obligatory florid description district far less identifiable core majority minority districts struck district extent begins anywhere probably near home incumbent barton ennis located almost miles southwest downtown dallas district winds across predominantly rural sections ellis county finally crossing tarrant county home fort worth skips across two arms joe pool lake noses way dallas county travels predominantly republican suburbs fort worth nearing central city borders dart downtown area retreat curl around city northern edge picking airport growing suburbs north town worn travels far northwestern corner county almost miles crow flies ennis district lines plunge south eagle mountain lake traveling along waterline miles occasional detours collect voters built homes along shores refreshed district rediscovers roots rural parker county flows back toward fort worth southwest another bite republican voters near heart city district narrows places much football field width finally heads back rural regions fifth county johnson finally exhausts miles origin hundreds miles apart distance worlds apart culture miller slip describing similar combined district seeking specific examples plurality makes much hay portion collin county located county line north dallas see ante district excludes portion precinct voted democratic maps exactly onto area southern half th county minority percentage population excess ante map plurality refers however groups minority percentage precinct since precincts defined district boundaries surprise district maps exactly onto precinct see app one might similarly argue district maps exactly onto area north texas black statement reveals little underlying demographics specific sections district telling maps census block maps demonstrate collin county section district contains many census blocks less minority population blocks minority see state exhibits exhibit reproduced part appendix infra even majority white blocks relatively small populations nonetheless included suggesting creation district single mindedly focused race district assume even significant fact new precinct leaned overwhelmingly democratic election portion precinct included district voted overwhelmingly republican see state exh collin county excluded portion precinct may dropped part help comply state goals voting rights act also involved successful effort maximize democratic votes avoiding republican votes see black population dallas county bureau census population housing unit counts total population dallas county several responses plurality specific examples worth making however collin county plurality relies fact combined african american hispanic population collin county extremity northern appendage district excess ante district created eye majority black population rather majority minority population relevant facts african americans make percent collin county appendage app ii african americans consist two tenths one percent entire population district iii appendage contains majority white census blocks majority minority census blocks see state exh plurality also points small portion one tentacles one extends west tarrant county contains african american majority ante implausible claim however race predominant reason community included district first community part senator johnson state legislative district see supra second also includes majority white census blocks third total population portion district less people app finally important population entire western tentacle tip tarrant county community black see state exh less half proportion minorities core district indeed appendages district reaching neighboring counties cut proportion african americans resulting district actually increase see app presently constituted district includes people african american tarrant county collin county portions district removed resulting district people african american resulting district include zero deviation necessary reynolds sims progeny see supra missing population easily acquired majority black census blocks adjacent district southern eastern edge thereby increasing proportion black population still alleged racial goals district achieved effectively making district compact simply comprehend conclude effort create majority minority district predominated race neutral goals testimony individuals relevant hardly dispositive evidence collective motivations see supra may true important concern motivating senator johnson chairman senate districting committee desire create first congressional district history state african americans majority johnson never testified however racial considerations sole concern motivating changes shapes districts see app certain areas minority communities assigned anglo incumbents incumbent power went looking friendly territory well regardless color incumbents went looking friendly territory regardless color since testimony irrelevant proceedings arguably harmful claim racial considerations taken account admissions particularly telling extent testimony individual legislators relevant following statements floor texas house confirm many legislators viewed districts political racial gerrymanders plan drawn protect incumbents order protect incumbent dallas congressman incumbent houston congressman county lines respected urban boundaries respected precinct boundaries notrespected statement ogden adoption plan republican congressmen de facto regression provides less republican representation washington communities throughout state surgically split appears illogical irrational erratic pattern look election data throughout state find lines logical rational lines drawn dissecting communities creatively order pack republicans maximize democratic representation statement gusendorf see also statement gusendorf illustrating gerrymandering process reference district majority minority district gerrymanders happen nothing fairness nothing minority representation really concerned minority representation drawn map way minorities considered simply elect democrats statement hill ironic slightly unfair plurality district use state submission congresswoman johnson testimony challenge congressional district evidence case see ante proceedings required state assure attorney general federal respectively state adequately considered interests minority voters redistricting process circumstances surprising relevant declarant limit comments role race played redistricting process considerations largely irrelevant district opinion contrary notwithstanding see justice ginsburg noted dissent miller ethnicity tie people together communities interest miller slip see also rogers lodge stevens dissenting whenever identifiable groups society disadvantaged share common political interests tend vote bloc furthermore may fact racial block voting prerequisite liability see thornburgh gingles recent jurisprudence voluntary formation majority minority district demonstrates presence minority community communities based race may merit skeptical review ensure bond rather mere stereotyping ties community see recognition community electoral district certainly certain circumstances serve legitimate race neutral explanation particularly odd district shapes suggesting contrary believe district erred see ibid post souter dissenting district legal analysis probably flawed partbecause decision issued announced opinion miller may political gerrymandering case different degree previously recognized believe reference shaw miller traditional districting principles see shaw miller slip intended prohibit state changing process policies underlying complex negotiating process modern redistricting plurality expresses particular concern use computer programs particularly availability block block racial data argues state effort compile detailed racial data ante evidence controlling role race computer dominated process redistricting see ante worth noting however state made particular effort gather data included along similarly detailed information sex age income levels data set provided census bureau imported wholesale state redistricting computers cf shaw furthermore even computer used fine tune district lines ensure minority communities included district rather individualized requests candidates staffers basis block level data see supra technique amounts little use particularly efficient accurate means ensuring intended nature district undermined incumbency protection forced compact district suggest end always justify means means invidious end understand use affect analysis condemn state legislation merely based accurate information prediction based racial characteristics necessarily reliable prediction based group characteristic since legislator ultimate purpose making prediction political character necessarily invidious benign prediction based group characteristics line drawingprocess racial religious ethnic economic gerrymanders species political gerrymanders mobile bolden stevens concurring judgment omitted extent political prediction based race incorrect voters entirely obvious way ensure irrationality relied upon future vote different party legislator relying racial demographics ensure election learn swift lesson presumptions upon reliance based incorrect find particularly ironic considers use race verboten benign context recently basis evidence inter alia ore persons sentenced crack cocaine trafficking black dismissed hand ninth circuit assumption people races commit types crimes armstrong slip ninth circuit conclusion seems model sort race neutral decisionmaking insists part constitutional decisionmaking processes although conclude reasonable interpretation record require application strict scrutiny district believe reasons follow survive strict scrutiny subject level review believe evidence supporting state conclusions regard stronger suggested plurality justice kennedy concurring opinion simply assume arguendo plurality state reasonable fear liability see also supra even shaw ii correct asserting north carolina district allowed state avoid liability see ante plausible argument made case core district instance contains half african american population district coincides precisely heart compact community state reasonably believes give rise violation placed majority minority district facts true respect houston districts difficulty balancing competing legal requirements exacerbated ability litigants courts use evidence proffered defense state actors one context evidence state another see supra nothing wrong using prior inconsistent statements extent really inconsistent unwilling enter process allgiven certainty subject suits evidence offered one defense fodder plaintiffs another contrary also possible course perhaps burgeoning role federal courts process along relative isolation political pressures motivate legislatures benddistrict lines mean actually fewer politically gerrymandered districts regardless whether political gerrymanders less prevalent decisions today point heirarchy values upside view state may act unconstitutionally gerrymandering minimize influence group political process consistent belief constitutional error drawing district lines based benign racial considerations justice powell noted opinion davis bandemer sharp distinction gerrymandering loose sense drawing district lines advance general political social goals gerrymandering amounts unconstitutional discrimination drawing district lines sole purpose occupy ing position strength particular time disadvantage politically weak segment community citing karcher stevens concurring see also preference nonpartisan opposed partisan gerrymanders merely recognizes nonpartisan gerrymanders fact aimed guaranteeing rather infringing fair group representation believe allegations discriminatory intent impact proved give rise constitutional violation shaw miller case involve allegations impact intent far diffuse allegations traditionally directed rigorous review see shaw ii ante stevens dissenting cf gomillion lightfoot limiting constitutional ban gerrymandering claims alleging specific group opposed every group harmed far consistent prior precedent still developing jurisprudence racial gerrymandering compare congressional quarterly list african americans served congress end supplement congressional quarterly listing minorities congress biyearly publications almanac american politics published bositis joint center political economic studies african americans midterms rev may fifteen black candidates ran office majority white districts ibid see growe emison constitution leaves primary responsibility apportionment federal congressional state legislative districts citing art voinovich quilter reynolds sims even longer controversial instance one person one vote rule adequacy justification standard subject sharp dispute best minds expressed principled hesitation go even far called political thicket see reynolds supra harlan dissenting elaboration new constitutional doctrine indicates far unwisely strayed appropriate bounds authority consequence today decision handful may already satisfy new requirements local district may state courts given blanket authority constitutional duty supervise apportionment state legislatures difficult imagine intolerable inappropriate interference judiciary independent legislatures baker carr frankfurter dissenting authority possessed neither purse sword ultimately rests sustained public confidence moral sanction feeling must nourished complete detachment fact appearance political entanglements abstention injecting clash political forces political settlements professor issacharoff notes vote dilution cases acknowledged right cast effective ballot implied simply equal weighting votes effective voter ballot must stand meaningful chance effective aggregation like minded voters claim share electoral results reason sophisticated right genuinelymeaningful electoral participation must evaluated measured group right issacharoff groups right vote emory see also davidson recent revolution voting rights law affecting racial language minorities quiet revolution south impact voting rights act davidson grofman eds ethnic racial vote dilution takes place majority voters bloc voting candidates series elections systematically prevents ethnic minority electing preferred candidates vote dilution deprive minority voters important symbolic achievement represented preferred members group deprive committed advocate councils government substantial benefits government bestows see pildes politics race harv rev reviewing quiet revolution south impact voting rights act davidson grofman eds noting studies southern demonstrate result racial bloc voting probability district electing black representative less regardless district median family income percentage high school graduates proportion residents elderly urban foreign born residents state five years region country district located finding similar results nationwide course reason hope conditions improving see infra discussing elections crossover voting favors minority incumbents racial issues played significant role outcome discuss detail part iv infra believe improvements may attributed large part effect voting rights act thus willingness allow race conscious districting certain situations recognize course elsewhere imposed prohibitions consideration race contexts crucial determining define equal opportunity consider decisions preemptory jury challenges politics one race may fair shake differences jury decisionmaking political decisionmaking believe important ones politics includes choices different sets social values choices may ultimately turn ability particular group enforce demands ballot box jury decisionmaking defined neutral process impartial application law set objectively discovered facts require racial balance jury selection risk redefining jury role without denying possibility race especially imperfect proxy experience makes difference injury decisionmaking cases legitimately seems better course ensure fair shake denying side right make race based selections cost alternative simply great entirely different matter however recognize racial groups like groups play real legitimate role political decisionmaking involves nothing acknowledgement reality concepts common interest geography personal allegiances many places simply bound race deny room theory representative democracy allowing consideration racially conceived interests majority never disagreed principle position see shaw noting race conscious redistricting always unconstitutional miller johnson slip concurring consideration race redistricting process always violate constitution ante noting strict scrutiny apply merely redistricting performed consciousness race leaving aside question whether catholic injury violation equal protection clause still might use race harms district voters used unreasonable degree see valley forge christian college americans separation church state never succeeded identifying much much adopted predominant purpose test amounts practical repudiation hope devising workable standard see part infra see cannon north carolina state bd supp ednc describing difficult area law predicting gain better definition reason imminent decision shaw ii briffault race representation miller johnson chi legal forum unclear work adjectives predominant overriding test karlan era miller unsettled already unclear roadmap shaw issacharoff constitutional contours facile reliance standards causation vaguely reminiscent tort law nothing defer confronting hard issue acceptable standards conduct even areas racial bloc voting application certain traditional districting principles may involve legitimate consideration race see karst paths belonging constitution cultural identity rev surest path assimilation participation larger society activities institutions voting expression political preferences assertion belonging political community legislative districts defined ways exclude possibility significant minority representation potential minority voters see votes worth casting yet electoral mobilization vital group members perceptions belong community walzer pluralism political perspective politics ethnicity thernstrom orlov handlin eds political life principle open openness served diffuse radical forms ethnic competition kantowicz voting parties politics ethnicity supra noting political successes recognition made members ethnic group feel belonged wider society brought inside political system mintz ethnicity leadership afterword ethnic leadership america higham ed concluding reviewing several studies ethnic politics ignore peril need understand processes shortchanged politically became group motto battle standard cf karlan separatism two generations communist suppression ethnic religious tension yugoslavia little ensure stability tolerance integration see nolan boston mayoral race break dominance ethnicity boston globe apr boston finishes choosing new mayor city may discover centuries immigration ethnicity longer dominant factor politics black solid voting blocks splitting boston boston globe commenting voters consider menino italian descent little historical observing ethnic voting faded various groups enter american economic social mainstream gain semblance political power gulotta ca count ethnicity newsday noting vowel end tom gulotta name may matter year county executive election italian americans nassau county likely go polls ethnic favoritism mind attributing decline ethnicity based voting fact nassau italian americans feel less marginali zed ethnic group