cooper
governor
north
carolina
et
al
harris
et
argued
december
decided
may
equal
protection
clause
fourteenth
amendment
prevents
state
absence
sufficient
justification
separating
citizens
different
voting
districts
basis
race
virginia
state
bd
elections
voter
sues
state
officials
drawing
lines
decisions
call
analysis
first
plaintiff
must
prove
race
predominant
factor
motivating
legislature
decision
place
significant
number
voters
within
without
particular
district
miller
johnson
second
racial
considerations
predominate
state
must
prove
sorting
voters
serves
compelling
interest
narrowly
tailored
end
long
assumed
one
compelling
interest
compliance
voting
rights
act
vra
act
state
invokes
vra
justify
districting
must
show
meet
narrow
tailoring
requirement
good
reasons
concluding
statute
required
action
alabama
legislative
black
caucus
alabama
district
factual
findings
made
course
inquiry
reviewed
clear
error
see
fed
rule
civ
proc
easley
cromartie
cromartie
ii
case
concerns
north
carolina
redrawing
two
congressional
districts
district
district
census
prior
redistricting
neither
district
majority
black
population
bvap
consistently
elected
candidates
preferred
voters
new
map
significantly
altered
district
district
state
needed
add
almost
people
district
comply
principle
chose
take
people
heavily
black
areas
durham
increasing
district
bvap
state
also
reconfigured
district
increasing
bvap
registered
voters
districts
called
plaintiffs
filed
suit
north
carolina
officials
collectively
state
north
carolina
complaining
impermissible
racial
gerrymanders
district
held
districts
unconstitutional
found
racial
considerations
predominated
drawing
district
lines
rejected
state
claim
action
justified
vra
district
found
race
predominated
explained
state
made
attempt
justify
attention
race
designing
district
held
north
carolina
victory
similar
lawsuit
dictate
disposition
case
alter
applicable
standard
review
case
filed
state
trial
rejected
claim
several
civil
rights
groups
districts
unlawful
racial
gerrymanders
north
carolina
affirmed
decision
equivalent
clear
error
review
state
claims
plaintiffs
members
organizations
brought
earlier
case
thus
precluded
raising
questions
anew
state
never
satisfied
district
alleged
affiliation
really
existed
district
factual
finding
reasonable
defeats
north
carolina
attempt
argue
claim
issue
preclusion
state
backup
argument
proper
standard
review
also
falls
short
rule
trial
factual
findings
reviewed
clear
error
contains
exception
findings
diverge
made
another
see
fed
rule
civ
proc
although
state
decision
certainly
relevant
premise
clear
error
review
often
two
permissible
views
evidence
anderson
bessemer
city
even
assuming
state
findings
capture
one
view
question
whether
district
assessment
represents
another
pp
district
err
concluding
race
furnished
predominant
rationale
district
redesign
state
interest
complying
vra
justify
consideration
race
pp
record
shows
state
purposefully
established
racial
target
district
target
direct
significant
impact
district
configuration
alabama
subordinating
districting
criteria
faced
body
evidence
district
clearly
err
finding
race
predominated
drawing
district
indeed
hardly
concluded
anything
pp
north
carolina
use
race
predominant
factor
designing
district
withstand
strict
scrutiny
state
argues
good
reasons
believe
draw
district
avoid
liability
vote
dilution
vra
thornburg
gingles
identifies
three
threshold
conditions
proving
claim
minority
group
must
sufficiently
large
geographically
compact
constitute
majority
reasonably
configured
legislative
district
minority
group
must
politically
cohesive
district
white
majority
must
vote
sufficiently
bloc
usually
defeat
minority
preferred
candidate
ibid
state
good
reason
think
three
conditions
met
good
reason
believe
requires
drawing
district
electoral
history
provided
evidence
plaintiff
demonstrate
third
gingles
prerequisite
nearly
years
new
plan
adoption
made
less
majority
district
voters
preferred
candidates
scored
consistent
victories
district
thus
functioned
crossover
district
members
majority
help
large
enough
minority
elect
candidate
choice
bartlett
strickland
plurality
opinion
experience
gave
state
reason
think
vra
required
ramp
district
bvap
state
counters
needed
substantially
increase
district
population
question
facing
state
mapmakers
whether
district
violated
whether
future
district
drawn
without
regard
race
reasoning
taken
alone
justify
state
redesign
district
important
state
points
meaningful
legislative
inquiry
key
issue
identifies
whether
new
enlarged
district
created
without
focus
race
lead
liability
strong
basis
conclude
demands
measures
augment
district
bvap
state
must
evaluate
whether
plaintiff
establish
gingles
preconditions
new
district
created
without
measures
nothing
legislative
record
fits
description
accident
redistricters
believed
decision
strickland
mandated
bvap
district
apparently
reasoned
strickland
held
require
crossover
districts
groups
insufficiently
large
gingles
also
satisfied
crossover
districts
groups
meeting
gingles
size
condition
jurisprudence
makes
clear
unless
three
gingles
prerequisites
established
neither
wrong
remedy
growe
emison
north
carolina
belief
compelled
redraw
district
successful
crossover
district
district
thus
rested
pure
error
law
accordingly
upholds
district
conclusion
state
use
race
predominant
factor
designing
district
withstand
strict
scrutiny
pp
district
also
clearly
err
finding
race
predominated
redrawing
district
pp
district
legality
turns
solely
two
possible
reasons
predominantly
explains
reconfiguration
plaintiffs
contended
trial
north
carolina
intentionally
increased
district
bvap
name
ensuring
preclearance
vra
according
state
contrast
mapmakers
moved
voters
district
part
strictly
political
gerrymander
without
regard
race
hearing
evidence
supporting
parties
accounts
district
accepted
plaintiffs
getting
bottom
dispute
like
one
poses
special
challenges
trial
must
make
sensitive
direct
evidence
assess
whether
plaintiffs
proved
race
politics
drove
district
lines
hunt
cromartie
cromartie
job
different
generally
easier
affirms
trial
factual
finding
racial
predominance
long
finding
plausible
reverses
left
definite
firm
conviction
mistake
committed
anderson
assessing
finding
plausibility
moreover
gives
singular
deference
trial
judgments
credibility
witnesses
see
fed
rule
civ
proc
applying
principles
evidence
trial
including
live
witness
testimony
subject
credibility
determinations
adequately
supports
district
conclusion
race
politics
accounted
district
reconfiguration
contrary
state
view
call
dismiss
challenge
plaintiffs
proffer
alternative
design
district
pp
slimming
district
adding
couple
knobs
snakelike
body
north
carolina
added
subtracted
whites
turning
district
district
state
senator
robert
rucho
state
representative
david
lewis
chairs
two
committees
responsible
preparing
revamped
plan
publicly
stated
racial
considerations
lay
behind
district
augmented
bvap
specifically
rucho
lewis
explained
part
guilford
county
jurisdiction
covered
vra
lay
district
increased
district
bvap
ensure
preclearance
plan
thomas
hofeller
hired
mapmaker
confirmed
intent
state
preclearance
submission
justice
department
indicated
similar
determination
concentrate
black
voters
district
testimony
district
found
credible
congressman
mel
watt
testified
rucho
disclosed
target
hofeller
testified
drawn
district
lines
based
political
data
checked
racial
data
drew
line
adjacent
areas
guilford
county
district
disbelieved
hofeller
asserted
indifference
new
district
racial
composition
pointing
contrary
deposition
testimony
significant
contradiction
trial
testimony
finally
expert
report
lent
circumstantial
support
plaintiffs
case
showing
regardless
party
black
voter
region
three
four
times
likely
white
voter
cast
ballot
within
district
borders
district
assessment
evidence
proved
racial
predominance
clears
bar
clear
error
review
maybe
evaluated
testimony
differently
presided
trial
maybe
either
way
far
definite
firm
conviction
district
made
mistake
concluding
record
racial
considerations
predominated
district
design
pp
finally
north
carolina
argues
race
politics
competing
explanations
district
lines
plaintiffs
must
introduce
alternative
map
achieves
state
asserted
political
goals
improving
racial
balance
map
serve
key
evidence
dispute
hardly
means
disprove
state
contention
politics
drove
district
lines
case
plaintiffs
introduction
mostly
direct
circumstantial
evidence
gave
district
sufficient
basis
sans
map
resolve
question
although
plaintiff
sometimes
need
alternative
map
practical
matter
make
case
map
merely
evidentiary
tool
show
equal
protection
violation
occurred
neither
presence
absence
resolve
racial
gerrymandering
claim
north
carolina
claims
passage
opinion
cromartie
ii
makes
alternative
map
essential
cases
like
one
reasoning
cromartie
ii
belies
reading
opinion
nowhere
attempts
explicate
justify
categorical
rule
state
claims
find
entire
thrust
opinion
runs
counter
inflexible
requirement
rightly
understood
passage
state
relies
different
narrower
point
given
weak
evidence
racial
gerrymander
offered
cromartie
ii
maps
actually
show
plaintiffs
carry
day
case
contrast
turned
possibility
creating
optimally
constructed
districts
direct
evidence
general
assembly
intent
creating
actual
district
including
many
hours
trial
testimony
subject
credibility
determinations
evidence
district
plausibly
found
satisfied
plaintiffs
burden
debunking
north
carolina
politics
defense
pp
supp
affirmed
kagan
delivered
opinion
thomas
ginsburg
breyer
sotomayor
joined
thomas
filed
concurring
opinion
alito
filed
opinion
concurring
judgment
part
dissenting
part
roberts
kennedy
joined
gorsuch
took
part
consideration
decision
case
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
roy
cooper
governor
north
carolina
et
appellants
david
harris
et
al
appeal
district
middle
district
north
carolina
may
justice
kagan
delivered
opinion
constitution
entrusts
job
designing
congressional
districts
also
imposes
important
constraint
state
may
use
race
predominant
factor
drawing
district
lines
unless
compelling
reason
case
district
ruled
north
carolina
officials
violated
bar
created
two
districts
whose
populations
majority
black
applying
deferential
standard
review
factual
findings
underlying
decision
affirm
equal
protection
clause
fourteenth
amendment
limits
racial
gerrymanders
legislative
districting
plans
prevents
state
absence
sufficient
justification
separating
citizens
different
voting
districts
basis
race
virginia
state
bd
elections
slip
internal
quotation
marks
alteration
omitted
voter
sues
state
officials
drawing
lines
decisions
call
analysis
first
plaintiff
must
prove
race
predominant
factor
motivating
legislature
decision
place
significant
number
voters
within
without
particular
district
miller
johnson
entails
demonstrating
legislature
subordinated
factors
compactness
respect
political
subdivisions
partisan
advantage
racial
considerations
ibid
plaintiff
may
make
required
showing
direct
evidence
legislative
intent
circumstantial
evidence
district
shape
demographics
mix
second
racial
considerations
predominated
others
design
district
must
withstand
strict
scrutiny
see
slip
burden
thus
shifts
state
prove
sorting
voters
serves
compelling
interest
narrowly
tailored
end
ibid
long
assumed
one
compelling
interest
complying
operative
provisions
voting
rights
act
vra
act
stat
amended
et
seq
see
shaw
hunt
shaw
ii
two
provisions
vra
involved
case
section
prohibits
standard
practice
procedure
results
denial
abridgement
right
vote
account
race
construed
ban
extend
vote
dilution
brought
relevantly
dispersal
group
members
districts
constitute
ineffective
minority
voters
thornburg
gingles
section
time
districting
dispute
worked
different
mechanism
invalidated
coverage
formula
see
shelby
county
holder
section
required
certain
jurisdictions
including
various
north
carolina
counties
voting
changes
department
justice
forestall
retrogression
ability
racial
minorities
elect
preferred
candidates
beer
state
invokes
vra
justify
districting
must
show
meet
narrow
tailoring
requirement
strong
basis
evidence
concluding
statute
required
action
alabama
legislative
black
caucus
alabama
slip
said
otherwise
state
must
establish
good
reasons
think
transgress
act
draw
district
lines
ibid
strong
basis
good
reasons
standard
gives
breathing
room
adopt
reasonable
compliance
measures
may
prove
perfect
hindsight
needed
slip
district
assessment
districting
plan
accordance
inquiry
described
warrants
significant
deference
appeal
course
retain
full
power
correct
errors
law
either
stage
analysis
findings
fact
notably
whether
racial
considerations
predominated
drawing
district
lines
subject
review
clear
error
see
fed
rule
civ
proc
easley
cromartie
cromartie
ii
thomas
dissenting
standard
may
reverse
decided
matter
differently
anderson
bessemer
city
finding
plausible
light
full
record
even
another
equally
must
govern
case
concerns
north
carolina
recent
redrawing
two
congressional
districts
long
included
substantial
populations
black
voters
current
incarnation
district
anchored
northeastern
part
state
appendages
stretching
south
west
latter
durham
district
begins
part
state
takes
large
part
charlotte
travels
northeast
much
way
state
northern
border
maps
showing
districts
included
appendix
opinion
quite
history
first
encountered
two
districts
versions
shaw
reno
held
voters
stated
equal
protection
claim
alleging
districts
unwarranted
racial
gerrymanders
see
remand
district
case
arrived
back
door
see
shaw
ii
time
dismissed
challenge
district
lack
standing
struck
district
design
serpentine
district
held
nothing
justified
reasonable
attempt
comply
vra
see
next
year
state
responded
new
districting
plan
including
new
district
residents
district
brought
another
lawsuit
alleging
impermissible
racial
gerrymander
district
sustained
claim
twice
times
reversed
see
hunt
cromartie
cromartie
cromartie
ii
racial
considerations
held
predominate
designing
revised
district
rather
district
result
political
gerrymander
effort
engineer
mostly
without
regard
race
safe
democratic
seat
state
redrew
congressional
districts
account
population
changes
revealed
prior
year
census
map
went
unchallenged
neither
district
district
black
population
called
bvap
majority
whole
former
bvap
around
latter
bvap
around
see
app
nonetheless
five
successive
general
elections
conducted
reconfigured
districts
candidates
preferred
voters
contests
handy
margins
district
black
voters
candidates
choice
garnered
much
total
vote
never
less
see
record
pls
exh
district
candidates
vote
high
end
low
see
another
census
necessitated
yet
another
congressional
map
finally
one
issue
case
state
senator
robert
rucho
state
representative
david
lewis
republicans
chaired
two
committees
jointly
responsible
preparing
revamped
plan
hired
thomas
hofeller
veteran
political
mapmaker
assist
redrawing
district
lines
several
hearings
drafts
revisions
later
chambers
state
general
assembly
adopted
scheme
three
men
proposed
new
map
among
things
significantly
altered
district
district
census
revealed
district
substantially
underpopulated
comply
constitution
principle
state
needed
place
almost
new
people
within
district
boundaries
see
app
evenwel
abbott
slip
explaining
tates
must
draw
congressional
districts
populations
close
perfect
equality
possible
rucho
lewis
hofeller
chose
take
people
heavily
black
areas
durham
requiring
extension
district
western
line
see
appendix
infra
addition
district
bvap
rose
see
app
district
part
need
significant
changes
overpopulated
fewer
people
see
still
rucho
lewis
hofeller
decided
reconfigure
district
narrowing
already
snakelike
body
adding
areas
either
end
relevantly
guilford
county
see
appendix
infra
app
changes
appreciably
shifted
racial
composition
district
district
gained
voting
age
lost
whites
age
bvap
increased
see
record
fourth
affidavit
dan
frey
exh
exh
registered
voters
two
districts
david
harris
christine
bowser
called
plaintiffs
brought
suit
north
carolina
officials
collectively
state
north
carolina
complaining
impermissible
racial
gerrymanders
bench
trial
district
held
districts
unconstitutional
judges
agreed
racial
considerations
predominated
design
district
see
harris
mccrory
supp
mdnc
applying
strict
scrutiny
rejected
state
argument
strong
basis
thinking
vra
compelled
drawing
district
lines
district
majority
panel
held
race
predominated
factors
including
partisanship
explained
state
failed
put
forward
reason
compelling
otherwise
attention
race
designing
district
see
ibid
judge
osteen
dissented
conclusion
race
rather
politics
drove
district
lines
yet
still
characterized
majority
view
minently
reasonable
state
filed
notice
appeal
noted
probable
jurisdiction
mccrory
harris
ii
address
outset
north
carolina
contention
victory
similar
lawsuit
dictate
least
influence
disposition
case
state
explains
north
carolina
naacp
several
civil
rights
groups
challenged
districts
state
immediately
enactment
charging
unlawful
racial
gerrymanders
see
brief
appellants
time
plaintiffs
us
filed
action
state
trial
dickson
rucho
rejected
claims
finding
district
vra
justified
general
assembly
use
race
district
race
factor
see
app
north
carolina
affirmed
decision
vote
applying
equivalent
clear
error
review
see
dickson
rucho
modified
denial
cert
pending
north
carolina
makes
two
related
arguments
based
dickson
litigation
first
state
trial
judgment
barred
case
altogether
familiar
principles
claim
issue
preclusion
second
state
conclusions
cause
us
conduct
searching
review
decision
rather
deferring
usual
factual
findings
reply
brief
state
preclusion
theory
rests
assertion
plaintiffs
two
cases
affiliated
state
acknowledges
one
person
lawsuit
generally
bar
another
matter
similar
substance
see
taylor
sturgell
noting
historic
tradition
everyone
day
plaintiffs
two
cases
special
relationship
judgment
one
indeed
bind
see
describing
six
categories
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relationships
state
contends
harris
bowser
plaintiffs
members
organizations
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vera
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mapmakers
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claims
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redesign
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facts
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ould
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hofeller
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report
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chairs
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carolina
noted
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election
barack
obama
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mccain
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check
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district
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district
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hofeller
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expert
report
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lewis
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use
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guilford
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