bartlett executive director north carolina state board elections et al strickland et argued october decided march despite north carolina constitution whole county provision prohibiting general assembly dividing counties drawing legislative districts legislature drew house district include portions four counties including pender county asserted purpose satisfying voting rights act time district geographically compact district time district redrawn population district fallen percent rather redrawing district keep pender county whole legislators split portions another county district population percent keeping pender county whole resulted population percent legislators rationale splitting pender county gave voters potential join majority voters elect minority group candidate choice leaving pender county whole violated voting rights act pender county others filed suit alleging redistricting plan violated whole county provision defendants answered dividing pender county required trial first considered whether defendants established three threshold requirements liability thornburg gingles first relevant whether minority group sufficiently large geographically compact constitute majority district concluded although majority district population district de facto district get enough support crossover majority voters elect preferred candidate ultimately determined based totality circumstances required pender county split sustained district lines rationale state reversed holding minority group must constitute numerical majority population area requires creation legislative district prevent dilution group votes numerical majority district ordered legislature redraw district held judgment affirmed affirmed justice kennedy joined chief justice justice alito concluded require state officials draw lines allow racial minority make less percent population redrawn district join crossover voters elect minority candidate choice pp amended provides violation established based totality circumstances shown election processes state political subdivision equally open participation members protected class less opportunity members electorate participate political process elect representatives choice construing amended gingles supra identified three necessary preconditions claim use multimember districts constituted actionable vote dilution later held requirements apply equally cases involving districts growe emison party established requirements proceed analyze whether violation occurred based totality circumstances see johnson de grandy pp geographically compact group minority voters form majority district first gingles requirement met pp party asserting liability must show preponderance evidence minority population potential election district greater percent held require creation district minority group composes numerical working majority population see voinovich quilter require creation influence district minority group influence outcome election even preferred candidate elected see league latin american citizens perry lulac case involves intermediate crossover district minority makes less majority population large enough elect candidate choice help majority voters cross support minority preferred candidate petitioners theory districts satisfy first gingles requirement contrary requires showing minorities less opportunity members electorate elect representatives choice form percent district population standing alone better worse opportunity elect candidate group relative voting strength recognizing claim minority voters elect candidate choice based votes without assistance others grant special protection right form political coalitions authorized section reasoning cases support petitioners claims voinovich example stated first gingles requirement modified eliminated allow claims indeed mandatory recognition claims create serious tension third gingles requirement majority votes bloc defeat candidates see call question entire gingles framework hand finds support clear line drawn requirement need workable standards sound judicial legislative administration contrast required crossover districts determining whether claim lie require courts make complex political predictions tie assumptions heightening concerns fact applies nationwide every jurisdiction required draw lines state local law claims require courts make predictive political judgments familiar contests large districts also regional local elections unlike standards proposed allow crossover claims rule relies objective numerical test minorities make percent population relevant geographic area given text cases interpreting provision many difficulties assessing claims without restraint guidance provided rule federal courts appeals interpreted first gingles factor required standard declines depart uniform interpretation stood years case involve allegations intentional wrongful conduct need consider whether intentional discrimination affects gingles analysis pp arguing less restrictive interpretation petitioners point guarantee political processes equally open participation protect minority voters opportunity elect representatives choice assert opportunit ies occur crossover districts require protection petitioners emphasize word opportunity expense word equally statute protect possible opportunity minority voters work constituencies elect candidate choice section guarantee minority voters electoral advantage minority groups crossover districts opportunity elect candidate political group relative voting strength rule furthermore odds test see growe supra doubt whether calls rule resolved applying canon constitutional avoidance steer clear serious constitutional concerns equal protection clause see clark martinez concerns raised interpreted require crossover districts throughout nation thereby unnecessarily infus ing race virtually every redistricting lulac supra pp holding consider permissibility crossover districts matter legislative choice discretion section allows choose method complying voting rights act may include drawing crossover districts see georgia ashcroft moreover holding interpreted entrench districts statutory command pose constitutional concerns see miller johnson districts required three gingles factors met applies based totality circumstances claim similar petitioners assertion rule inconsistent rejected lulac supra pp justice thomas joined justice scalia adhered view holder hall opinion concurring judgment text voting rights act authorize vote dilution claim regardless size minority population given district thornburg gingles framework analyzing claims basis text produced disastrous misadventure judicial policymaking holder supra kennedy announced judgment delivered opinion roberts alito joined thomas filed opinion concurring judgment scalia joined souter filed dissenting opinion stevens ginsburg breyer joined ginsburg breyer filed dissenting opinions gary bartlett executive director north carolina state board elections et petitioners dwight strickland et al writ certiorari north carolina march justice kennedy announced judgment delivered opinion chief justice justice alito join case requires us interpret voting rights act stat amended question whether statute invoked require state officials draw lines allow racial minority join voters elect minority candidate choice even racial minority less percent population district drawn use terminology district district racial minority elect candidate choice support crossover majority voters require district drawn accommodate potential case arises somewhat unusual posture state authorities created district invoke voting rights act defense argue required draw district question particular way despite state laws contrary state laws provisions north carolina constitution prohibit general assembly dividing counties drawing legislative districts state house senate art ii adopt term used state courts refer sections state constitution whole county provision see pender county bartlett case common ground state requirements like whole county provision may superseded federal law instance principle equal protection clause constitution see reynolds sims question whether voting rights act requires district lines drawn otherwise violate whole county provision turn depends statute interpreted begin election district north carolina house representatives larger two chambers state general assembly district body lies southeastern part north carolina starting general assembly drew district include portions four counties including pender county order create district majority population satisfy voting rights act following census north carolina comply whole county provision rejected general assembly first two statewide redistricting plans see stephenson bartlett stay denied rehnquist chambers stephenson bartlett district present form emerged general assembly third redistricting attempt time population fallen percent district drawn general assembly longer draw geographically compact district rather draw district keep pender county whole however general assembly drew splitting portions pender new hanover counties district population percent app left pender county whole general assembly drawn district population percent general assembly reason splitting pender county give voters potential join majority voters elect minority group candidate choice ibid failure state officials submit diluted minority group voting strength violation may pender county five members board commissioners filed instant suit north carolina state governor north carolina director state board elections state officials plaintiffs alleged plan violated whole county provision splitting pender county two house districts app defendants answered dividing pender county required trial recognized procedural posture case differs cases defendants raise defense result trial stated unusual position bearing burden proving violation occurred absent splitting pender county draw district app pet cert trial first considered whether defendant state officials established three threshold requirements liability thornburg gingles namely minority group sufficiently large geographically compact constitute majority district minority group politically cohesive white majority votes sufficiently bloc enable usually defeat minority preferred candidate first gingles requirement trial concluded although majority population district district de facto district get enough support crossover majority voters elect preferred candidate ruled district politically cohesive thus satisfying second requirement later plaintiffs stipulated third gingles requirement met app pet cert determined based totality circumstances required general assembly split pender county sustained lines district rationale three pender county commissioners appealed trial ruling defendants established first gingles requirement north carolina reversed held minority group must constitute numerical majority voting population area consideration section requires creation legislative district prevent dilution votes minority group premise state determined district mandated constitute numerical majority citizens voting age ordered general assembly redraw district granted certiorari affirm ii passage voting rights act important step struggle end discriminatory treatment minorities seek exercise one fundamental rights citizens right vote though act whole subject debate controversy prompted little criticism likely explanation general acceptance first enacted tracked part text fifteenth amendment prohibited practices imposed applied state political subdivision deny abridge right citizen vote account race color stat cf amdt right citizens vote shall denied abridged state account race color previous condition servitude see also pt pp mobile bolden held read elaborates upon fifteenth amendment intended effect different fifteenth amendment mobile ruling congress amended giving statute current form original act employed intent requirement prohibiting practices imposed applied deny abridge right vote stat amended version requires consideration effects prohibits practices imposed applied manner results denial abridgment right vote stat amendments also added subsection providing test determining whether violation occurred relevant text statute voting qualification prerequisite voting standard practice procedure shall imposed applied state political subdivision manner results denial abridgement right citizen vote account race color membership language minority group provided subsection section violation subsection section established 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 political process elect representatives choice first construed amended version thornburg gingles gingles plaintiffs residents north carolina alleged multimember districts diluted minority voting strength submerging black voters white majority denying opportunity elect candidate choice identified three necessary preconditions claim use multimember districts constituted actionable vote dilution minority group must sufficiently large geographically compact constitute majority district minority group must politically cohesive majority must vote sufficiently bloc enable usually defeat minority preferred candidate later held three gingles requirements apply equally cases involving districts claim alleging vote dilution geographically compact minority group split two districts growe emison case party established gingles requirements proceed analyze whether violation occurred based totality circumstances gingles supra see also johnson de grandy iii case turns whether first gingles requirement satisfied minority group makes less percent population potential election district parties agree parts gingles analysis dispositive question size minority group sufficient satisfy first gingles requirement outset answer might appear difficult reach gingles said minority group must demonstrate sufficiently large geographically compact constitute majority district seem end matter indicates minority group must demonstrate constitute majority gingles growe reserved considered separate question whether plaintiff alleges voting practice procedure impairs minority ability influence rather alter election results showing geographical compactness minority group sufficiently large constitute majority suffice growe supra see also gingles supra since applied gingles requirements cases declined decide minimum size minority group necessary satisfy first requirement see voinovich quilter de grandy supra league latin american citizens perry opinion kennedy lulac must consider question case appropriate review terminology often used describe various features election districts relation requirements voting rights act districts minority group composes numerical working majority population present doctrine require creation districts see voinovich supra placing black voters district constitute sizeable therefore majority ensures able elect candidate choice see holder hall thomas concurring judgment end spectrum influence districts minority group influence outcome election even preferred candidate elected held require creation influence districts lulac supra opinion kennedy present case involves intermediate type district crossover district like influence district crossover district one minority voters make less majority population crossover district minority population least potentially large enough elect candidate choice help voters members majority cross support minority preferred candidate case referred sometimes crossover districts coalitional districts recognition necessary coalition minority crossover majority voters see georgia ashcroft see also pildes voting rights law war social science voting rights rev hereinafter pildes term risks confusion claims two minority groups form coalition elect candidate coalition choice see nixon kent county en banc address type coalition district petitioners present case state officials defendants trial argue requires crossover district minority voters might able persuade members majority cross join petitioners argue although crossover districts include numerical majority minority voters still satisfy first gingles requirement effective minority districts petitioners theory keeping pender county whole violated cracking potential crossover district drew district see gingles vote dilution may caused dispersal blacks districts constitute ineffective minority voters petitioners contend required override state law split pender county drawing district population percent rather keeping pender county whole leaving district population percent reject claim first conclude petitioners theory contrary mandate statute requires showing minorities less opportunity members electorate elect representatives choice form percent population district standing alone better worse opportunity elect candidate group voters relative voting strength district opportunity join voters including racial minorities whites reach majority elect preferred candidate however elect candidate based votes without assistance others recognizing claim circumstance grant minority voters right preserve strength purposes forging advantageous political alliance hall virginia see also voinovich supra minorities crossover districts dictate electoral outcomes independently nothing grants special protection minority group right form political coalitions inority voters immune obligation pull haul trade find common political ground de grandy although reserved question confront today cautioned gingles requirements applied mechanically voinovich supra reasoning cases support petitioners claims section impose draw election districts duty give minority voters potential best potential elect candidate attracting crossover voters setting first requirement claims gingles explained nless minority voters possess potential elect representatives absence challenged structure practice claim injured structure practice growe stated first gingles requirement needed establish minority potential elect representative choice district without showing neither wrong remedy difference racial minority group choice choice made coalition voinovich stated first gingles requirement modified eliminated allow claims dicta framed first gingles requirement anything rule see de grandy requiring sufficiently large minority population elect candidates choice case rejected proposition inherent petitioners claim entitles minority groups maximum possible voting strength eading define dilution failure maximize tends obscure object statute run counter textually stated purpose one may suspect vote dilution political famine one entitled suspect much less infer dilution mere failure guarantee political feast allowing claims require us revise reformulate gingles threshold inquiry baseline jurisprudence mandatory recognition claims success minority depends upon crossover majority voters create serious tension third gingles requirement majority votes bloc defeat candidates difficult see requirement met district definition white voters join sufficient numbers minority voters elect minority preferred candidate skeptical test satisfied example minority voters district elect candidate choice without support almost percent white voters confront issue however reason respondents conceded third gingles requirement state gingles explained absence significant white bloc voting said ability minority voters elect chosen representatives inferior white voters adopt petitioners theory dispense requirement ruling call question gingles framework applied see lulac souter concurring part dissenting part aspects established analysis districts gingles progeny may rethought analyzing ostensible coalition districts cf metts murphy en banc per curiam allowing claim survive motion dismiss noting tension case plaintiffs effort satisfy first third prong gingles find support requirement need workable standards sound judicial legislative administration rule draws clear lines courts legislatures alike said less exacting standard mandate crossover districts determining whether claim lie determining whether potential districts function crossover districts place courts untenable position predicting many political variables tying assumptions judiciary directed make predictions adopt premises even experienced polling analysts political experts assess certainty particularly long term example courts required pursue inquiries percentage white voters supported candidates past reliable crossover votes future elections types candidates white minority voters supported together past trends continue past crossover votes based incumbency depend race historical turnout rates among white minority voters stay questions speculative answers supposed prove elusive requirement draw election districts answers like inquiries inferred text purpose though courts capable making refined exacting factual inquiries inherently make decisions based highly political judgments sort claims require holder thomas concurring judgment underlying principle fundamental importance must cautious interpreting statute require courts make inquiries based racial classifications predictions statutory mandate petitioners urge us find raises serious constitutional questions see infra heightening concerns even fact applies nationwide every jurisdiction must draw lines election districts required state local law claims require courts make predictive political judgments familiar contests large districts also regional local jurisdictions often feature two parties candidates petitioners view courts face difficult task discerning crossover patterns nonpartisan contests city commission school board local water authority political data necessary make determinations nonexistent elections jurisdictions predictions speculative best given especially context local elections voters personal affiliations candidates views particular issues play large role unlike standards proposed allow claims rule relies objective numerical test minorities make percent population relevant geographic area rule provides straightforward guidance courts officials charged drawing district lines comply see lulac supra opinion souter recognizing need rule election district drawn minority voters form majority district drawn district cracked assigning voters elsewhere assuming gingles factors also satisfied denial opportunity elect candidate choice present discernible wrong subject high degree speculation prediction attendant upon analysis crossover claims arbitrary invention rule foundation principles democratic governance special significance democratic process majority means special wrong minority group percent voting population constitute compact voting majority despite racially polarized bloc voting group put district given text cases interpreting provision many difficulties assessing claims without restraint guidance provided rule federal appeals held requires creation coalition districts instead consider question interpreted first gingles factor require standard see hall cert denied valdespino alamo heights independent school cert denied cousin sundquist cert denied sanchez colorado cert denied romero pomona overruled grounds mcneil springfield park cert denied cf metts expressing unwillingness complaint stage foreclose possibility claims decline depart uniform interpretation guided federal courts state local officials years sure gingles requirements applied mechanically without regard nature claim voinovich remains rule however party asserting liability must show preponderance evidence minority population potential election district greater percent one contends population district exceeds threshold case involve allegations intentional wrongful conduct therefore need consider whether intentional discrimination affects gingles analysis cf brief amicus curiae evidence discriminatory intent tends suggest jurisdiction providing equal opportunity minority voters elect representative choice therefore unnecessary consider requirement proceeding ultimate analysis see also garza county los angeles holding apply cases intentional discrimination racial minority arguing less restrictive interpretation first gingles requirement petitioners point text guarantee political processes equally open participation protect minority voters opportunity elect representatives choice opportunity petitioners argue occurs crossover districts well districts extended opportunities say require protection petitioners put emphasis word opportunity expense word equally statute protect possible opportunity mechanism minority voters work constituencies elect candidate choice section guarantee minority voters electoral advantage minority groups crossover districts form voting majority without crossover voters districts minority voters opportunity elect candidate political group relative voting strength rule furthermore odds test de grandy confirmed error treating three gingles conditions exhausting enquiry required instead gingles requirements preconditions consistent text purpose help courts determine claims meet standard violation see growe describing gingles threshold factors extent doubt whether calls rule resolve doubt avoiding serious constitutional concerns equal protection clause see clark martinez canon constitutional avoidance tool choosing competing plausible interpretations statutory text resting reasonable presumption congress intend alternative raises serious constitutional doubts course moral imperative racial neutrality driving force equal protection clause racial classifications permitted last resort richmond croson kennedy concurring part concurring judgment racial classifications respect voting carry particular dangers racial gerrymandering even remedial purposes may balkanize us competing racial factions threatens carry us goal political system race longer matters goal fourteenth fifteenth amendments embody nation continues aspire shaw reno interpreted require crossover districts throughout nation unnecessarily infuse race virtually every redistricting raising serious constitutional questions lulac opinion kennedy see also ashcroft kennedy concurring interpretation result substantial increase number mandatory districts drawn race predominant factor motivating legislature decision miller johnson petitioners view case courts legislatures need scrutinize every factor enters districting gauge effect crossover voting injecting racial measure nationwide districting process particular concern respect consideration party registration party influence easiest likely alliance group minority voters one political party suggested using minority voters strength within particular party proper yardstick first gingles requirement see lulac supra opinion souter requiring minority voters constitute majority voting primary party tending win general election approach replace objective administrable rule difficult judicial inquiry party rules local politics determine whether minority group truly controls dominant party primary process mcloughlin gingles limbo coalitional districts party primaries manageable vote dilution claims rev troubling still inquiry fusion race party affiliation determinant partisan considerations may suspect drawing district lines see vieth jubelirer stevens dissenting kennedy concurring judgment see also pildes requirement essentially result political party entitlement certain number seats disregarding rule relying combination race party presume effective majority involve law courts perilous enterprise rest judicial predictions matter law race party hold together effective majority time least decennial apportionment cycles likely beyond thus relationship race party distort frustrate search neutral factors principled rationales districting petitioners approach reverse canon avoidance invites divisive constitutional questions unnecessary contrary purposes precedents voting rights act given consequences extending racial considerations even districting process must interpret require crossover districts holding require crossover districts consider permissibility districts matter legislative choice discretion assuming district substantial minority population legislative determination based proper factors create two crossover districts may serve diminish significance influence race encouraging minority majority voters work together toward common goal option draw districts gives legislatures choice lead less racial isolation noted context voting rights act various studies suggested effective way maximize minority voting strength may create influence crossover districts ashcroft much like allows choose method complying voting rights act said may include drawing crossover districts see address mandate however must note concerned maximizing minority voting strength de grandy statutory matter mandate creating preserving crossover districts holding also interpreted entrench districts statutory command pose constitutional concerns see miller johnson supra shaw reno supra wish draw crossover districts free prohibition exists districts required three gingles factors met applies based totality circumstances areas substantial crossover voting unlikely plaintiffs able establish third gingles precondition bloc voting majority voters see supra areas districts required first place exercise lawful discretion draw crossover districts deemed appropriate see pildes districts still designed places encouraged coalitions across racial lines districts result legislative choice obligation proper cases defend alleged violations pointing crossover voting patterns effective crossover districts evidence example diminished bloc voting third gingles factor equal political opportunity analysis showing state intentionally drew district lines order destroy otherwise effective crossover districts raise serious questions fourteenth fifteenth amendments see reno bossier parish school brief amicus curiae evidence discriminatory intent case however holding recognizes support claim require creation crossover districts first instance petitioners claim rule inconsistent rejected similar argument lulac opinion kennedy inquiries different section concerns minority groups opportunity elect representatives choice ed stringent asks whether change purpose effect denying abridging right vote see lulac supra bossier parish supra lulac held although presence influence districts relevant retrogression analysis lack districts establish violation opinion kennedy see also ashcroft analysis applies crossover districts section leaves room employ crossover districts require iv commentators suggest racially polarized voting waning evidenced example election minority candidates majority voters white see note future districts light declining racially polarized voting harv rev see also pildes bullock dunn demise racial districting future black representation emory still racial discrimination racially polarized voting ancient history much remains done ensure citizens races equal opportunity share participate democratic processes traditions must interpreted ensure continued progress irony however interpreted entrench racial differences expanding statute meant hasten waning racism american politics de grandy supra crossover districts definition result white voters joining forces minority voters elect preferred candidate voting rights act passed foster cooperation decline expand reaches require force law voluntary cooperation society achieved geographically compact group minority voters form majority district first gingles requirement met judgment north carolina affirmed ordered gary bartlett executive director north carolina state board elections et petitioners dwight strickland et al writ certiorari north carolina march justice thomas justice scalia joins concurring judgment continue adhere views expressed opinion holder hall opinion concurring judgment text voting rights act authorize vote dilution claim regardless size minority population given district see ed permitting challenge voting qualification prerequisite voting standard practice procedure see also holder supra stating terms practice reach state enactments limit citizens access ballot continue disagree therefore framework set forth thornburg gingles analyzing vote dilution claims basis text evaluate voting rights act claim test produced disastrous misadventure judicial policymaking holder supra reasons concur judgment gary bartlett executive director north carolina state board elections et petitioners dwight strickland et al writ certiorari north carolina march justice souter justice stevens justice ginsburg justice breyer join dissenting question case whether minority voting population proposed voting district ever qualify voting rights act vra residents putative district whose minority voters opportunity elect representatives choice answer minority voters district right claim relief statewide districting scheme dilutes minority voting rights hold answer law well fact sometimes yes district may district long cohesive minority population large enough elect chosen candidate combined reliable number crossover voters otherwise polarized majority plurality view district minority population making citizen voting age population cvap provide remedy minority voters lacking opportunity elect representatives choice incorrect factual matter statutory phrase given natural meaning minority voters districts minority populations routinely elect representatives choice effects plurality unwillingness face fact disturbing measure flatly odds obvious purpose act districts minority populations never count districts remedy violation obligation provide equal electoral opportunity required plurality rule pack black voters additional districts contracting number districts racial minorities success transcending racial divisions securing preferred representation object voting rights act promoting racial blocs role race districting decisions proxy political identification heightened measure recalling basic premises claims show far astray plurality gone section vra prohibits districting practices resul denial abridgement right citizen vote account race denial abridgment established based totality circumstances shown members racial minority less opportunity members electorate participate political process elect representatives choice since amended stat read prohibit practices result vote dilution see thornburg gingles understood distributing politically cohesive minority voters voting districts ways reduce potential strength see two classic patterns voting racially polarized districting plan systemically discount minority vote either dispersal blacks districts constitute ineffective minority voters concentration blacks districts constitute excessive majority eliminate influence neighboring districts treating dilution remediable harm recognizes protects merely right minority voters put ballots box claim fair number districts votes effective see three points follow first speak fair chance get representation desired must identifiable baseline measuring group voting strength concurring judgment order evaluate claim particular multimember district district diluted minority group voting strength degree violates necessary construct measure minority voting strength several baselines imagined one example compare minority voting strength particular districting plan maximum strength possible surprisingly conclusively rejected approach vra passed guarantee minority voters fair game killing see johnson de grandy held better baseline measuring opportunity elect although dispositive minority rough proportion relevant population thus assessing claims totality circumstances including facts history geography starting point comparison number districts minority voters elect chosen candidate group population percentage ibid see also league latin american citizens perry lulac proceed totality circumstances first proportionality inquiry comparing percentage total districts minority opportunity districts minority share citizen population second significance proportionality means claim must assessed looking overall effect multidistrict plan state one congressional seat dilute minority congressional vote systemic submergence minority votes number districts drawn treated harm complaint must look entire districting plan normally statewide alleging challenged plan creates insufficient number districts territory whole see third violation ultimately results dilutive effect districting plan whole plaintiff must also able place reasonably compact district drawn improve upon plan actually selected see de grandy supra plaintiff must show overall deficiency personal injury open redress first essay understanding features statutory vote dilution thornburg gingles asked whether multimember district plan choosing representatives voting deprived minority voters equal opportunity elect preferred candidates answering set three conditions claim must meet threshold analyze totality circumstances first minority group must able demonstrate sufficiently large geographically compact constitute majority district second minority group must able show politically cohesive third minority must able demonstrate white majority votes sufficiently bloc enable usually defeat minority preferred candidate emphasized gingles conditions state ultimate standard since totality circumstances standard set explicitly congress see lulac supra de grandy supra instead condition serves gatekeeper ensuring plaintiff proceeds plenary review real chance show redressable violation ultimate standard third condition majority racial bloc voting necessary establish premise claims minority whole placed disadvantage owing race happenstance independent politics gingles second minority cohesion show minority voters vote together elect distinct representative choice ibid first large geographically compact minority population condition demonstrating dilutive plan injures plaintiffs failing draw available remedial district give chance elect chosen candidate growe emison gingles supra ii though case arose constitution north carolina dispositive issue one federal statutory law whether district minority population large enough elect chosen candidate help majority voters disposed support minority favorite ever count district minority voters opportunity elect representatives choice purposes think clear nature claim text answer must yes nothing statutory text suggest congress meant protect minority opportunity elect solely creation districts see voinovich quilter section says nothing districts contrary focuses exclusively consequences apportionment congress made clear explicitly prescribed ultimate functional approach totality circumstances test see violation established based totality circumstances shown functional analysis leaves doubt crossover districts vindicate interest expressly protected opportunity elect desired representative apparent moment first took reason exists statute treat crossover district less legitimate remedy dilution one let alone rule see gingles supra concurring judgment minority group large enough constitute voting majority district show white support probably enable election candidates members prefer minority group appear demonstrated least measure voting strength able elect candidates choice see also pildes law war social science voting rights rev hereinafter pildes magical whether enough black voters become formal majority conventional district created safe coalition district probability electing black candidate functionally identical definition respect electing candidates earlier comments much say whether district minority population cvap may redress violation question fact obvious answer course minority voters constituting less voting population opportunity elect candidates choice amply shown empirical studies confirming minority groups regularly elect preferred candidates help modest crossover members majority see north carolina example determined voting districts black voting age population little opportunity elect black candidates pender cty bartlett factual finding gone unchallenged well supported electoral results north carolina nine house districts blacks make voting age population vap two elected black representative election see app additional house districts blacks vap one elected black representative election ibid surely surprise legislators north carolina suggest black voters districts possibly opportunity elect representatives choice course true threshold population sufficient provide minority voters opportunity elect candidates choice elastic proportions likely shift future past see pildes explaining blacks required well population district elect candidates choice number gradually fallen well stating courts went far refer thumb black population required constitute safe district racial polarization declined continues downward first gingles condition get easier satisfy reason create arbitrary threshold functional approach continue allow dismissal claims districts minority populations small demonstrate ability elect crossovers numerous allow inference vote dilution first place one example argue based record experience case district black population meet first gingles condition third gingles requirement voting may well provide analytical limit claims based crossover districts see lulac souter concurring part dissenting part noting interrelationship first third gingles factors see also post breyer dissenting looking third gingles condition suggest mathematical limit minority population necessary cognizable crossover district whatever limit may need set since respondent state officials stipulated voting app pet cert sum addresses voting realities practical purposes district know minorities potential elect preferred candidate every bit good district fact crossover district better recognizing crossover districts value giving greater flexibility draw districting plans fair number districts turn allows beneficent reduction number districts quintessentially calculus de grandy thereby moderating reliance race exclusive determinant districting decisions cf shaw reno see also pildes contrast concerns bizarrely designed safe districts hard see coalitional districts message political identity predominantly racial coalitional districts seem encourage require kind integrative political alliance might thought consistent even ideal vra constitution quoting bush vera crossover thus superior district precisely requires polarized factions break mold form coalitions discourage racial divisions iii plurality contrary conclusion recognize crossover claim based fundamental misunderstanding claims mistake epitomized following assessment crossover district question ecause form percent population district standing alone better worse opportunity elect candidate group voters relative voting strength district ante see also ante crossover districts minority voters opportunity elect candidate political group relative voting strength claim another political group particular district might relative voting strength minority share population takes form tautology plurality simply looks one district says group blacks worse group whites statement might true might standing alone demonstrates nothing even two groups assumed comparable fact attract sufficient crossover credited satisfying first gingles condition neither prove violation without looking beyond district showing disproportionately small potential success state overall configuration districts explained ultimate question case whether minority group question denied equal opportunity participate elect answered examining broader pattern districts see whether minority denied roughly proportionate opportunity see lulac hence saying one group equals another even true particular districts facts known mean either neither group show violation plurality simply fails grasp alleged violation proved disproved looking statewide plurality specific justifications counterfactual position supportable tautology plurality seems suggest prior cases somehow require conclusion minority population never support remedy emphasizing gingles spoke majority referred requirement minority voters potential chosen representatives ante quoting gingles hard know make point since plurality also concedes explicitly repeatedly reserved decision today question see lulac supra plurality opinion de grandy voinovich growe gingles supra fact recent cases applying majorities formulated first gingles prong way consistent functional approach see lulac supra context challenge drawing district lines first gingles condition requires possibility creating existing number reasonably compact districts sufficiently large minority population elect candidates quoting de grandy supra majorities get short shrift today plurality event even ignored gingles reservation today question looked gingles potential elect statutory text fail see phrase dictates minority ability compete must singlehanded order count explained already crossover district serves interest obtaining representation district potential crossover promises result crossover nothing logic allow distinction two types district fact plurality distinction artificial terms past black voter registration black voter turnout relatively low even black voters district cvap rely crossover voters elect candidate choice see pildes one far aware addressing ever suggested reliance crossover voting district rendered minority success less significant meant district failed satisfy first gingles factor answer say black voters district assuming unrealistic voter turnout theoretically potential elect candidate without crossover support relevant arguing abstract black cvap potentially successful assumption black voters turn en masse elect candidate choice without reliance crossovers enough majority voters stay home plurality also concerned recognizing potential anything entail exponential expansion special minority districting plurality goes far suggest recognizing crossover districts possible districts inherently entitl minority groups maximum possible voting strength ante conclusion reflects confusion gatekeeping function gingles conditions ultimate test relief see ante standing alone better worse opportunity elect candidate group voters relative voting strength already explained supra mere fact threshold gingles conditions met district drawn minority population sufficiently large elect candidate choice require drawing district case simply first gingles condition number districts needed accepting bartlett position way imply obligation maximize districts minority voter potential interpretation first gingles factor state must draw districts way provides minority voters fair number districts opportunity elect candidates choice question districts count toward total plurality fear maximization finds parallel concern treating crossover districts districts create serious tension third gingles prerequisite voting ante plurality finds difficult see requirement met district definition white voters join sufficient numbers minority voters elect minority preferred candidate ibid difficult see minority population cvap elect candidate choice crossover white voters minority definition relies white support elect preferred candidate fact alone raise doubt matter definition otherwise requirement met since much majority may voted minority candidate choice explained supra third gingles condition may well impose analytical floor minority population ceiling degree crossover allowed crossover district concept voting requires majority voters tend stick together relatively high degree precise standard determining voting issue case however refute plurality rule one need recognize racial cohesion bloc voting plurality argues qualifying crossover districts districts less administrable demanding forcing courts engage various factual predictive questions come determining percentage majority voters provide voting minority chance electoral success ante claims based state failure draw districts raise issues judicial judgment even threshold satisfied still engage factually messy enquiries potential district may afford degree minority cohesion voting existence totality circumstances see supra plurality rule therefore conserves uncertain amount judicial resources expense ignoring class claims authority strike statute coverage plurality misunderstands nature suggesting rule conflict said georgia ashcroft crossover districts count districts purpose assessing whether minorities opportunity elect preferred candidates choice vra supp plurality course correct differences enquiries ante differences save today decision inconsistency prior pronouncement districting plan violates diminishes ability minority voters elect preferred candidates choice measured minority previous electoral opportunity ashcroft supra districting plan violates diminishes ability minority voters elect representatives choice ed measured totality circumstances baseline rough proportionality makes sense say crossover district counts district comparing past present comparing present possible finally plurality tries support insistence threshold invoking policy constitutional avoidance calls construing statute avoid possibly unconstitutional result plurality suggests allowing lower threshold require crossover districts throughout nation ante thereby implicating principle shaw reno districting excessive reliance race unconstitutional excessive equated plurality frequency creating opportunity districts plurality precisely backwards state inevitably draw crossover districts natural byproduct districting based traditional factors crossover districts count districts state much closer meeting obligation without reference race fewer districts therefore need created purposefully matter law districts provide minority seeking equality opportunity elect preferred candidates state much go create sufficient number districts required bridge gap creating exclusively districts inevitably produce districting plan reflects greater focus race plurality however seems believe reference race districting poses constitutional concern even state decision reduce racial blocs favor crossover districts judicial position consequences constitutional avoidance iv serious plurality opinion inconsistency prior cases construing perversity results portends consider effect plurality rule north carolina districting scheme black voters make approximately north carolina distributed throughout state house districts app pet cert noted black voters constitute vap districts vap additional supra functional approach black voters north carolina opportunity elect regularly elect representative choice many house districts north carolina total districts see app north carolina districting plan therefore close providing black voters proportionate electoral opportunity according plurality however remedy crossover district provide opportunity minority voters lack requisite opportunity must therefore lacking minority voters already living districts must rely crossover plurality reckoning black voters opportunity elect representatives choice nine north carolina house districts see ibid plurality view north carolina must long way go satisfies requirement equal electoral state like north carolina faced plurality opinion whether wants comply simply avoid litigation therefore reason create crossover districts section recognizes need districts follows neither required created help state meet obligation equal electoral opportunity legislature induced draw crossover district plurality encouragement create voluntarily ante open attack plurality based pointed suggestion policy favoring crossover districts runs counter shaw plurality thus boiled one option best way avoid suit way comply drawing district lines way packs minority voters districts probably eradicating crossover districts process perhaps plurality recognizes aberrant implication eventually attempts disavow asserts allows choose method complying voting rights act said may include drawing crossover districts mandate creating preserving crossover districts ante see also ante crossover districts evidence equal political opportunity judicial fiat legal reasoning plurality even attempt explain crossover district district assessing compliance districting plan one sought remedy violation plurality ways voluntarily drawing crossover district brings state compliance requiring creation crossover district must way remedy violation eliminating crossover district must cases take state compliance statute elimination crossover district cause violation fathom voter district able bring claim remedy short extent plurality holding taken control future results plurality eliminated protection districts best vindicate goals statute done force perpetuate racially concentrated districts quintessential manifestations race consciousness american politics respectfully dissent gary bartlett executive director north carolina state board elections et petitioners dwight strickland et al writ certiorari north carolina march justice ginsburg dissenting join justice souter powerfully persuasive dissenting opinion make concrete implicit exposition plurality interpretation voting rights act difficult fathom severely undermines statute estimable aim today decision returns ball congress legislature cause clarify beyond debate appropriate reading gary bartlett executive director north carolina state board elections et petitioners dwight strickland et al writ certiorari north carolina march justice breyer dissenting join justice souter opinion full write separately light plurality claim rule used gingles gateway serves administrative objectives plurality view rule amounts relatively simple administrative device help separate outset cases likely meritorious even objective critically important plurality believes however difficult find numerical gateway rules work better assume basic purpose gateway number separate districts minority group elect representatives choice districts minority need obtain majority crossover votes elect representatives consensus candidates ed league latin american citizens perry plurality opinion first blush one might think rule work respect minority population votes bloc always elect candidate choice minority population constitutes less district candidate elected district always consensus choice minority majority voters realities voting behavior however make clear answer questions see brief nathaniel persily et al amici curiae fifty percent seen magic number conditions complete racial polarization equal rates voting eligibility registration turnout minority community able elect candidate choice practice extreme conditions never present ome districts must minority others less minority order minority community equal opportunity elect candidate choice emphasis added see also ante souter dissenting voting group cohesive except districts overwhelming minority populations crossover votes often necessary question likely need crossover votes force minority reject preferred choice favor consensus candidate number even try answer question contrary includes say minority districts imperfect cohesion may context prevent election candidate excludes say districts smaller cohesive minority help small reliable majority crossover vote elect preferred candidate use numerical gateway rule looks directly relevant question minority bloc large enough cohesive enough necessary majority crossover vote small enough minority tending vote cohesively likely vote preferred candidate rather consensus candidate office see ante souter dissenting mpirical studies confirm minority groups constituting less voting population regularly elect preferred candidates help modest crossover members majority see also pildes law war social science voting rights rev reviewing studies showing small reliable crossover voting whites districts minority voters demonstrated ability elect preferred candidates without constituting population district likely find reasonably administrable mathematical formula directly tied factors question take possible example suppose pick numerical ratio requires minority voting age population twice large percentage majority crossover votes needed elect minority preferred candidate calculate latter percentage majority crossover votes minority voters need take account percentage minority voting age population district cohesiveness vote thus minority voters account voters district voters tend vote cohesively group minority needs crossover vote majority voters elect preferred candidate district voters minority voters majority voters minority voters vote minority group preferred candidate election time minority voters need votes elect preferred candidate majority larger minority population greater cohesiveness thus smaller crossover vote needed assure success greater likelihood minority elect preferred candidate smaller likelihood cohesive minority order find needed majority crossover vote must support consensus rather preferred candidate reflecting reality minority voters elect candidate choice constitute less district relying small majority crossover vote approach way contradictory even tension third gingles requirement since gingles acknowledged requirement voting satisfied even small number majority voters crossover support candidate see thornburg gingles finding voting majority group supported candidates general election rate average support given difficulty obtaining totally accurate statistics cohesion even voting age population district courts administer numerical ratio flexibly opening closing gingles gate light probable merits case small variances issue minority group instead district true number minority group instead district see brief amicus curiae claim ratio perfect rule claim better plurality rule unlike ratio voting age minority population necessary crossover votes focuses directly upon problem hand better reflects voting realities consequently far better separates gateway likely sheep likely goats see gingles supra section inquiry depends view political process searching practical evaluation past present reality quoting gingles supra concurring judgment indication congress intended mandate single universally applicable standard measuring undiluted minority voting strength regardless local conditions cases rule rule roughly similar effects districts minority voting age population greater almost always satisfy rule districts minority population almost never satisfy rule districts minority voting age populations range divergent approaches two standards make critical difference well word justice souter well explains majority test ill suited statute objectives add test majority adopts ill suited administrative ends better gateway tests needed found respect dissent footnotes previously illustrated stylized fashion assume hypothetical jurisdiction voters divided districts members minority group make percent voting population voting totally polarized along racial lines right geographic dispersion satisfy compactness requirement careful manipulation district lines minority voters might placed control many districts district drawn least members minority group whether remaining minority voters added groupings safety scattered three districts minority voters able elect candidates choice seven districts johnson de grandy course create entitlement proportionate minority representation nothing statute promises electoral success rather simply provides subject qualifications based totality circumstances minority voters entitled practical chance compete roughly proportionate number districts inority voters immune obligation pull haul trade find common political ground case entirely inappropriate vehicle speculation exact definition voting see supra political science literature developed statistical methods assessing extent voting far nuanced plurality rule see pildes describing falloff rate social scientists use measure comparative rate whites vote black democratic candidates compared white democratic candidates noting falloff rate congressional elections north carolina issue never briefed case us respondents stipulated existence voting app pet cert reason attempt accomplish case first gingles factor actually quantification third compare dept commerce bureau census voting age population citizens table online http visited march available clerk case file total vap north carolina table black vap logic north carolina fracture submerge districts districts black voters constitute voting population routinely elect candidates choice without ever implicating districts covered without implicating vra untenable implications plurality rule end plurality declares holding apply cases intentional discrimination racial minority ante logic plurality position compels absurd conclusion invidious intentional fracturing crossover districts order harm minority voters state claim elimination crossover district never deprive minority voters district opportunity elect representatives choice minorities invidiously eliminated district simply show injury