alabama
legislative
black
caucus
et
al
alabama
et
argued
november
decided
march
alabama
redrew
boundaries
state
house
districts
senate
districts
alabama
sought
achieve
numerous
traditional
districting
objectives
compactness
splitting
counties
precincts
minimizing
change
protecting
incumbents
placed
yet
greater
importance
two
goals
minimizing
district
deviation
precisely
equal
population
keeping
deviation
less
theoretical
ideal
seeking
avoid
retrogression
respect
racial
minorities
ability
elect
preferred
candidates
choice
voting
rights
act
maintaining
roughly
black
population
percentage
existing
districts
appellants
alabama
legislative
black
caucus
caucus
alabama
democratic
conference
conference
others
claim
alabama
new
district
boundaries
create
racial
gerrymander
violation
fourteenth
amendment
equal
protection
clause
bench
trial
district
ruled
state
recognized
electoral
districting
violates
equal
protection
clause
race
predominant
consideration
deciding
place
significant
number
voters
within
without
particular
district
miller
johnson
use
race
narrowly
tailored
serve
compelling
state
interest
shaw
hunt
shaw
ii
ruling
appellants
made
four
critical
determinations
appellants
argued
acts
whole
constitute
racial
gerrymanders
conference
also
argued
state
racially
gerrymandered
senate
districts
conference
lacked
standing
make
racial
gerrymandering
claims
event
appellants
claims
must
fail
race
predominant
motivating
factor
making
redistricting
decisions
even
wrong
standing
predominance
claims
must
fail
predominant
use
race
narrowly
tailored
serve
compelling
state
interest
avoiding
retrogression
held
district
analysis
racial
gerrymandering
claim
referring
state
whole
rather
legally
erroneous
pp
consistently
described
claim
racial
gerrymandering
claim
race
improperly
used
drawing
boundaries
one
specific
electoral
districts
see
shaw
reno
shaw
described
plaintiff
evidentiary
burden
similarly
see
miller
supra
language
makes
sense
light
personal
nature
harms
underlie
racial
gerrymandering
claim
see
bush
vera
shaw
supra
pp
district
found
fact
racial
criteria
predominated
drawing
alabama
districts
sufficient
defeat
claim
racial
gerrymandering
respect
state
undifferentiated
whole
showing
criteria
significantly
affect
drawing
alabama
districts
done
little
defeat
claim
criteria
predominantly
affected
drawing
alabama
districts
thus
district
undifferentiated
statewide
analysis
insufficient
district
must
remand
consider
racial
gerrymandering
respect
individual
districts
challenged
appellants
pp
caucus
conference
waive
right
consideration
analysis
record
indicates
plaintiffs
evidence
arguments
embody
claim
individual
districts
racially
gerrymandered
districts
district
must
reconsider
although
plaintiffs
relied
heavily
upon
statewide
evidence
prove
race
predominated
drawing
individual
district
lines
neither
use
statewide
evidence
effort
show
widespread
effect
transform
racial
gerrymandering
claim
set
individual
districts
separate
general
claim
legislature
racially
gerrymandered
state
undifferentiated
whole
pp
district
also
erred
deciding
sua
sponte
conference
lacked
standing
believed
record
clearly
identify
districts
individual
members
conference
reside
conference
brief
testimony
conference
representative
support
inference
organization
members
districts
sufficient
meet
conference
burden
establishing
standing
least
conference
reasonably
believed
absence
state
challenge
request
detailed
information
need
provide
additional
information
specific
membership
list
district
independent
obligation
confirm
jurisdiction
circumstances
elementary
principles
procedural
fairness
required
district
rather
acting
sua
sponte
give
conference
opportunity
provide
evidence
member
residence
remand
district
permit
conference
file
membership
list
state
respond
appropriate
pp
district
also
properly
calculate
predominance
alternative
holding
ace
predominant
motivating
factor
creation
challenged
districts
reached
conclusion
part
placed
balance
among
nonracial
factors
legislative
efforts
create
districts
approximately
equal
population
equal
population
goal
however
one
traditional
factors
weighed
use
race
determine
whether
race
predominates
see
miller
supra
rather
part
redistricting
background
taken
given
determining
whether
race
factors
predominate
legislator
determination
equal
population
objectives
met
district
taken
contrary
view
law
predominance
conclusions
including
concerning
four
districts
conference
specifically
challenged
might
well
different
example
strong
perhaps
overwhelming
evidence
race
predominate
factor
legislature
drew
boundaries
senate
district
pp
district
final
alternative
holding
challenged
districts
satisfy
strict
scrutiny
rests
upon
misperception
law
section
require
covered
jurisdiction
maintain
particular
numerical
minority
percentage
requires
jurisdiction
maintain
minority
ability
elect
preferred
candidate
choice
pp
statute
language
department
justice
guidelines
make
clear
satisfied
minority
voters
retain
ability
elect
preferred
candidates
history
supports
view
congress
adopted
language
reject
decision
georgia
ashcroft
accept
views
justice
souter
dissent
retrogression
case
courts
ask
whether
new
voting
provision
likely
deprive
minority
voters
ability
elect
candidate
choice
courts
mechanically
rely
upon
numerical
percentages
take
account
significant
circumstances
district
legislature
relied
heavily
upon
mechanically
numerical
view
counts
forbidden
retrogression
pp
saying
insist
state
legislature
redistricting
determine
precisely
percent
minority
population
demands
analysis
narrow
tailoring
requirement
insists
legislature
strong
basis
evidence
support
choice
made
brief
amicus
curiae
however
district
legislature
asked
wrong
question
respect
narrow
tailoring
asked
maintain
present
minority
percentages
districts
instead
asking
extent
must
preserve
existing
minority
percentages
order
maintain
minority
present
ability
elect
candidate
choice
asking
wrong
question
may
well
led
wrong
answer
accept
district
conclusion
pp
supp
vacated
remanded
breyer
delivered
opinion
kennedy
ginsburg
sotomayor
kagan
joined
scalia
filed
dissenting
opinion
roberts
thomas
alito
joined
thomas
filed
dissenting
opinion
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
nos
et
al
et
al
et
al
et
al
appeals
district
middle
district
alabama
march
justice
breyer
delivered
opinion
alabama
legislative
black
caucus
alabama
democratic
conference
appeal
federal
district
decision
rejecting
challenges
lawfulness
alabama
redistricting
state
house
representatives
state
senate
appeals
focus
upon
appellants
claims
new
district
boundaries
create
racial
gerrymanders
violation
fourteenth
amendment
equal
protection
clause
see
shaw
hunt
shaw
ii
fourteenth
amendment
forbids
use
race
district
unless
boundaries
narrowly
tailored
achieve
state
citations
omitted
find
district
applied
incorrect
legal
standards
evaluating
claims
consequently
vacate
decision
remand
cases
proceedings
alabama
constitution
requires
legislature
reapportion
state
house
senate
electoral
districts
following
decennial
census
ala
art
ix
alabama
redrew
boundaries
state
house
districts
senate
districts
acts
house
plan
senate
plan
acts
alabama
sought
achieve
numerous
traditional
districting
objectives
compactness
splitting
counties
precincts
minimizing
change
protecting
incumbents
placed
yet
greater
importance
achieving
two
goals
see
alabama
legislature
reapportionment
committee
guidelines
doc
pp
committee
guidelines
first
sought
minimize
extent
district
might
deviate
theoretical
ideal
precisely
equal
population
particular
set
goal
creating
set
districts
district
deviate
theoretical
precisely
equal
ideal
rigorous
deviation
standard
precedents
found
necessary
constitution
see
brown
thomson
deviation
ideal
generally
permissible
one
doubts
desirability
state
efforts
generally
come
close
ideal
second
sought
ensure
compliance
federal
law
particular
voting
rights
act
stat
amended
et
seq
time
redistricting
alabama
covered
jurisdiction
act
accordingly
act
required
alabama
demonstrate
electoral
change
redistricting
bring
retrogression
respect
racial
minorities
ability
elect
preferred
candidates
choice
specifically
alabama
believed
avoid
retrogression
required
maintain
roughly
black
population
percentage
existing
districts
see
appendix
infra
compliance
two
goals
posed
particular
difficulties
respect
many
state
districts
senate
house
many
districts
compared
average
district
underpopulated
order
senate
district
example
meet
state
objective
state
add
individuals
district
prior
redistricting
district
population
black
accordingly
alabama
plan
added
new
individuals
newly
added
individuals
white
suit
appears
us
focuses
large
part
upon
alabama
efforts
achieve
two
goals
caucus
conference
basically
claim
state
adding
many
new
minority
voters
districts
others
went
far
allege
state
created
constitutionally
forbidden
racial
gerrymander
gerrymander
state
adds
minority
voters
needed
minority
group
elect
candidate
choice
might
among
things
harm
minority
voters
acts
voting
rights
act
sought
help
bench
trial
federal
district
held
favor
state
caucus
conference
respect
racial
gerrymandering
claims
well
respect
several
legal
claims
caucus
conference
made
respect
racial
gerrymandering
district
recognized
electoral
districting
violates
equal
protection
clause
race
dominant
controlling
predominant
consideration
deciding
place
significant
number
voters
within
without
particular
district
miller
johnson
use
race
narrowly
tailored
serve
compelling
state
interest
shaw
ii
see
also
shaw
reno
shaw
constitution
forbids
separat
ion
voters
different
districts
basis
race
separation
lacks
sufficient
justification
bush
vera
principal
opinion
trial
district
held
caucus
conference
failed
prove
racial
gerrymandering
claims
caucus
along
conference
several
plaintiffs
appealed
noted
probable
jurisdiction
respect
racial
gerrymandering
claims
shall
focus
upon
four
critical
district
determinations
underlying
ultimate
violation
conclusion
concern
geographical
nature
racial
gerrymandering
claims
district
characterized
appellants
claims
falling
two
categories
district
view
appellants
argued
acts
whole
constitute
racial
gerrymanders
supp
md
emphasis
added
one
appellants
conference
also
argued
state
racially
gerrymandered
four
specific
electoral
districts
senate
districts
standing
district
held
caucus
standing
argue
racial
gerrymandering
claim
respect
state
whole
conference
lacked
standing
make
racial
gerrymandering
claims
claim
requiring
consideration
state
whole
claims
requiring
consideration
four
individual
senate
districts
racial
predominance
district
held
event
appellants
claims
must
fail
race
predominant
motivating
factor
either
acts
whole
respect
senate
districts
narrow
state
interest
district
also
held
even
wrong
standing
predominance
appellants
racial
gerrymandering
claims
must
fail
predominant
use
race
drawing
electoral
boundaries
narrowly
tailored
serve
compelling
state
interest
namely
interest
avoiding
retrogression
respect
racial
minorities
ability
elect
preferred
candidates
choice
view
determinations
reflects
error
relevant
law
error
likely
affected
district
conclusions
point
must
vacate
lower
judgment
remand
cases
allow
appellants
reargue
racial
gerrymandering
claims
light
opinion
parties
remain
free
introduce
evidence
district
shall
reasonably
find
appropriate
ii
begin
considering
geographical
nature
racial
gerrymandering
claims
district
repeatedly
referred
racial
gerrymandering
claims
claims
race
improperly
motivated
drawing
boundary
lines
state
considered
whole
see
supp
race
predominant
motivating
factor
acts
whole
construing
plaintiffs
challenge
arguing
acts
whole
constitute
racial
gerrymanders
describing
plaintiffs
challenge
claim
racial
gerrymandering
acts
whole
cf
supra
noting
four
exceptions
racial
gerrymandering
claim
however
applies
boundaries
individual
districts
applies
apply
state
considered
undifferentiated
whole
consistently
described
claim
racial
gerrymandering
claim
race
improperly
used
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boundaries
one
specific
electoral
districts
see
shaw
violation
consists
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ing
voters
different
districts
basis
race
emphasis
added
vera
principal
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courts
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district
emphasis
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described
plaintiff
evidentiary
burden
similarly
see
miller
supra
plaintiff
must
show
race
predominant
factor
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place
significant
number
voters
within
without
particular
district
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added
language
makes
sense
light
nature
harms
underlie
racial
gerrymandering
claim
harms
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include
personally
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racial
classification
vera
supra
principal
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well
represented
legislator
believes
primary
obligation
represent
members
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racial
group
shaw
supra
directly
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lives
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keenly
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state
indeed
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normally
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pursue
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hays
voters
course
present
statewide
evidence
order
prove
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gerrymandering
particular
district
see
miller
supra
voters
might
make
claim
every
individual
district
state
suffers
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gerrymandering
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claim
claim
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using
phrase
whole
considered
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concept
used
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legal
unicorn
animal
exists
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point
criticize
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slip
pen
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terminology
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district
found
racial
criteria
predominated
drawing
alabama
districts
found
fact
fact
race
predominate
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many
districts
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defeat
saw
basic
claim
namely
claim
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gerrymandering
respect
state
undifferentiated
whole
see
supp
rejecting
plaintiffs
challenge
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followed
rule
respect
every
district
citing
examples
districts
black
population
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examples
districts
precincts
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showing
criteria
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drawing
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districts
however
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claim
criteria
predominantly
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alabama
districts
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see
thompson
dissenting
drafters
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percentage
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iota
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thus
district
undifferentiated
statewide
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consideration
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gerrymandering
respect
individual
districts
subject
appellants
racial
gerrymandering
challenges
state
principal
dissent
argue
four
specifically
mentioned
districts
effect
districts
caucus
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state
principal
dissent
say
seek
analysis
state
principal
dissent
conclude
caucus
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consequently
waived
right
consideration
brief
appellees
post
opinion
scalia
agree
concede
district
opinion
suggests
caucus
conference
led
consider
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gerrymandering
state
whole
supp
least
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interpreted
filings
allege
kind
claim
ibid
review
record
indicates
plaintiffs
claim
legislature
racially
gerrymandered
state
undifferentiated
whole
rather
evidence
arguments
embody
claim
individual
districts
racially
gerrymandered
districts
believe
district
must
reconsider
districts
house
senate
district
opinion
refers
evidence
legislature
redistricting
committee
order
satisfy
believed
voting
rights
act
required
deliberately
chose
additional
black
voters
move
underpopulated
districts
specific
set
individual
districts
see
supp
referring
senator
dial
testimony
committee
used
use
white
population
within
jefferson
county
repopulate
districts
resulted
retrogression
districts
potentially
created
problem
justice
department
preclearance
stating
representative
jim
mcclendon
also
committee
cochair
testified
consistently
senator
dial
noting
committee
expert
randolph
hinaman
testified
needed
add
population
districts
without
significantly
lowering
percentage
population
district
caucus
conference
presented
much
evidence
trial
show
legislature
deliberately
moved
black
voters
districts
specific
set
districts
order
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percentage
minority
voters
district
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see
committee
guidelines
tr
testimony
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deposition
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dial
may
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pp
dial
deposition
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testimony
representative
mcclendon
testimony
hinaman
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randolph
hinaman
june
doc
pp
hinaman
deposition
proposed
findings
fact
conclusions
law
plaintiffs
stated
evidence
showed
racial
gerrymander
respect
majority
districts
referred
specific
splitting
precinct
county
lines
drawing
many
districts
pointed
much
evidence
alabama
legislative
black
caucus
plaintiffs
notice
filing
proposed
findings
fact
conclusions
law
doc
pp
caucus
brief
newton
plaintiffs
notice
filing
proposed
findings
fact
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law
doc
pp
conference
brief
see
also
appendix
infra
organizing
citations
district
recognize
plaintiffs
relied
heavily
upon
statewide
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prove
race
predominated
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district
lines
see
generally
caucus
brief
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brief
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prove
use
race
draw
boundaries
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tr
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tr
testimony
hinaman
see
generally
caucus
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evidence
perfectly
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said
plaintiff
burden
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gerrymandering
case
show
either
circumstantial
evidence
district
shape
demographics
direct
evidence
going
legislative
purpose
race
predominant
factor
motivating
legislature
decision
place
significant
number
voters
within
without
particular
district
miller
cf
easley
cromartie
explaining
plaintiff
burden
cases
unlike
state
argues
politics
race
predominant
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alabama
expressly
adopted
applied
policy
prioritizing
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racial
targets
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criteria
save
provides
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race
motivated
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lines
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districts
state
neither
use
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gerrymandering
claim
set
individual
districts
separate
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claim
legislature
racially
gerrymandered
state
undifferentiated
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like
principal
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opinion
scalia
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pages
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record
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caucus
helps
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complaint
omissions
tells
us
plaintiffs
unearthed
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basis
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gerrymandering
claims
deposed
committee
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expert
see
brief
appellants
pp
state
neither
disputes
procedural
history
objects
plaintiffs
pleadings
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proof
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throughout
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wholly
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caucus
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scalia
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case
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conference
consequences
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people
alabama
must
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litigation
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districts
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appeal
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prove
trial
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believe
provide
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contest
membership
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members
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alabama
ibid
imagine
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challenge
matter
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challenge
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lujan
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schools
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school
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support
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members
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claims
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bring
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alleged
three
counts
violation
voting
rights
act
racial
gerrymandering
violation
equal
protection
clause
violations
voting
rights
act
fourteenth
fifteenth
amendments
complaint
doc
pp
racial
gerrymandering
count
alleged
alabama
acts
drawn
purpose
effect
minimizing
opportunity
minority
voters
participate
effectively
political
process
racial
gerrymandering
alabama
acts
violates
rights
plaintiffs
made
reference
specific
districts
racially
gerrymandered
indeed
particular
jurisdictions
mentioned
anywhere
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senate
district
senate
district
madison
county
senate
districts
house
district
jefferson
montgomery
county
house
districts
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districts
house
district
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county
admittedly
contain
house
districts
alabama
montgomery
county
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making
total
also
contain
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districts
light
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claim
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districts
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ante
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claim
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trial
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findings
fact
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law
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hewed
original
charge
statewide
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gerrymandering
rather
much
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actually
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find
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gerrymandering
statewide
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instead
conference
chose
pursue
claims
alabama
violated
voting
rights
act
two
theories
see
democratic
conference
brief
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results
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rights
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rights
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language
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points
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voting
rights
act
claim
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rights
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claims
claims
share
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american
citizens
perry
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us
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district
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motion
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johnson
city
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per
curiam
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rules
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theory
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claim
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district
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trial
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respect
districts
posture
record
agree
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evidence
clearly
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theory
read
give
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claims
racial
gerrymandering
respect
alabama
districts
attempts
shift
responsibility
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conference
statewide
theory
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implying
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district
ante
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opening
brief
appellants
challenge
alabama
statewide
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policy
design
one
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election
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emphasis
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point
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apply
analysis
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state
policy
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district
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argument
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petitioner
gestures
toward
reply
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republic
argentina
nml
capital
slip
certainly
issue
first
presented
oral
argument
ii
alabama
legislative
black
caucus
bother
disentangle
independent
claims
brought
black
caucus
democratic
conference
strongly
implies
parties
asserted
claims
respect
alabama
districts
described
democratic
conference
brought
claims
black
caucus
filings
provide
even
weaker
support
conclusion
black
caucus
complaint
contained
three
counts
violation
one
person
one
vote
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reynolds
sims
dilution
isolation
black
voting
strength
violation
voting
rights
act
partisan
gerrymandering
complaint
doc
pp
failure
raise
claim
mere
oversight
consequence
inartful
pleading
indeed
amended
complaint
black
caucus
specifically
cited
leading
case
proposition
traditional
neutral
districting
principles
may
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dominant
fashion
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racial
partisan
interests
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compelling
state
interest
amended
complaint
doc
citing
shaw
reno
emphasis
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quote
appears
first
paragraph
partisan
gerrymandering
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claims
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interests
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racial
gerrymandering
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amended
complaint
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jurisdiction
venue
black
caucus
alleged
acts
racial
gerrymanders
unnecessarily
minimize
population
deviations
violate
provisions
alabama
constitution
purpose
effect
minimizing
black
voting
strength
isolating
influence
alabama
legislature
legislators
chosen
african
americans
amended
complaint
first
last
mention
racial
gerrymandering
like
democratic
conference
complaint
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exclusively
districting
maps
whole
rather
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districts
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even
allegation
appears
primarily
concerned
use
racially
motivated
districting
means
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one
person
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vote
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counties
voting
rights
act
minimizing
isolating
black
voters
legislators
extent
black
caucus
cited
particular
districts
body
complaint
respect
enumerated
voting
rights
act
counts
see
alleging
deviation
restriction
disregard
county
requirements
facilitated
republican
majority
efforts
gerrymander
district
boundaries
acts
partisan
purposes
packing
house
senate
districts
plans
remove
reliable
democratic
voters
adjacent
districts
partisan
purpose
one
gerrymander
remove
predominately
black
madison
county
precincts
sd
avoiding
potential
crossover
district
asserting
splitting
jefferson
county
among
house
senate
districts
increasing
size
local
legislative
delegation
number
counties
whose
residents
elect
members
delegation
dilut
es
votes
jefferson
county
residents
diminishing
ability
control
legislation
state
legislature
even
claims
made
statewide
scope
mind
viewed
entirety
plans
acts
purpose
effect
minimizing
opportunities
black
white
voters
support
democratic
party
elect
candidates
choice
discovery
trial
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produce
clear
claims
respect
districts
curious
inversion
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conference
practice
pleading
racial
gerrymandering
effectively
abandoning
claims
black
caucus
failed
plead
racial
gerrymandering
clearly
advance
theory
trial
see
alabama
legislative
black
caucus
plaintiffs
proposed
findings
fact
conclusions
law
doc
pp
black
caucus
brief
black
caucus
asserted
claims
brief
clear
statewide
scope
charged
alabama
started
line
drawing
districts
maximize
size
black
majorities
impacted
drawing
districts
nearly
every
part
state
ace
predominant
factor
drafting
plans
drove
nearly
every
districting
decision
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ing
influence
black
voters
districts
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caucus
present
evidence
course
developing
legal
theories
although
included
evidence
alabama
manipulated
racial
composition
certain
districts
also
included
evidence
alabama
manipulated
racial
distributions
respect
districting
maps
whole
maintaining
high
black
percentages
predominant
impact
entire
plan
respect
districts
asked
sd
drawn
splits
clair
talladega
shelby
counties
sen
dial
blamed
also
need
preserve
black
majorities
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county
senate
districts
sen
irons
quick
sic
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sd
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population
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crack
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influence
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black
caucus
attacking
legislative
districts
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angle
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districts
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set
districts
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caucus
filings
presenting
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evidence
particular
districts
effort
make
claim
statewide
racial
gerrymandering
fact
concludes
valid
legal
theory
justify
repackaging
claims
second
round
litigation
iii
conclusion
frankly
know
make
appellants
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opacity
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find
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district
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means
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filings
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premise
plaintiffs
plead
legally
correct
theories
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premise
reward
practice
litigation
obfuscation
especially
dealing
legal
claim
numerous
plaintiffs
successfully
brought
past
see
amended
complaint
motion
preliminary
permanent
injunction
cromartie
hunt
ednc
doc
march
redistricting
plan
twelfth
district
first
district
boundaries
drawn
pursuant
predominantly
racial
motivation
fruit
earlier
racially
gerrymandered
plans
even
complaint
shaw
established
cause
action
racial
gerrymandering
displayed
greater
lucidity
appellants
alleging
defendants
creat
ed
two
amorphous
districts
embody
scheme
segregation
voters
race
order
meet
racial
quota
totally
unrelated
considerations
compactness
contiguous
geographic
jurisdictional
communities
interest
complaint
motion
preliminary
permanent
injunction
temporary
restraining
order
shaw
barr
ednc
doc
pp
seems
acknowledge
appellants
never
focused
claims
alabama
districts
remanding
consider
whether
districts
racially
gerrymandered
admits
plaintiffs
basically
claim
state
adding
many
new
minority
voters
districts
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went
far
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emphasis
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concedes
appellants
relied
heavily
upon
statewide
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also
sought
prove
use
race
draw
boundaries
districts
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boundaries
districts
well
ante
reason
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selection
districts
relevant
set
districts
district
consider
remand
set
chosen
appellants
losing
claim
actually
presented
district
playing
along
appellants
style
litigation
willingly
turning
back
page
every
time
strategic
decision
leads
discourages
careful
litigation
punishes
defendants
denied
notice
repose
consequences
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decision
reverberate
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circumstances
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case
accordingly
dissent
thomas
dissenting
nos
et
al
et
al
et
al
et
al
appeals
district
middle
district
alabama
march
justice
thomas
dissenting
ew
devices
better
designed
exacerbate
racial
tensions
consciously
segregated
districting
system
currently
constructed
name
voting
rights
act
holder
hall
thomas
concurring
judgment
consolidated
cases
yet
another
installment
disastrous
misadventure
voting
rights
jurisprudence
somehow
arrived
place
parties
agree
alabama
legislative
districts
achieve
optimal
result
respect
black
voting
power
percentage
blacks
placed
optimized
districts
nothing
fight
best
racial
quota
join
justice
scalia
dissent
write
point
case
painfully
illustrates
jurisprudence
area
continues
infected
error
alabama
legislature
faced
difficult
situation
redistricting
efforts
began
racially
segregated
district
maps
inherited
previous
decades
maps
produced
redistricting
contained
house
districts
senate
districts
time
drawn
app
juris
statement
time
census
app
many
districts
black
drawn
even
black
app
juris
statement
even
census
population
remained
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majority
districts
app
amendments
voting
rights
act
alabama
also
federal
command
avoid
drawing
new
districts
effect
diminishing
ability
black
voters
elect
preferred
candidates
choice
comply
legislature
adopted
policy
maintaining
percentage
black
voters
within
districts
existed
plans
see
ante
districting
committee
thought
preserve
ability
black
voters
elect
number
preferred
candidates
app
juris
statement
department
justice
doj
apparently
agreed
acting
authority
administer
voting
rights
act
doj
precleared
alabama
appellants
including
alabama
legislative
black
caucus
alabama
democratic
conference
saw
matters
differently
sued
alabama
appeal
argue
state
redistricting
plans
racially
gerrymandered
many
districts
highly
packed
black
voters
according
appellants
black
voters
voting
power
spread
districts
rather
concentrated
number
districts
previous
decades
doj
entered
fray
support
appellants
arguing
state
redistricting
maps
fail
strict
scrutiny
state
focused
heavily
single
racial
characteristic
number
black
voters
districts
potentially
resulted
impermissible
packing
black
voters
like
doj
today
majority
sides
appellants
faulting
alabama
choosing
wrong
percentage
blacks
state
districts
least
arriving
percentage
using
wrong
reasoning
along
appellants
doj
exacerbates
problem
many
years
making
seems
fitting
trace
history
practice
creating
highly
packed
safe
districts
product
erroneous
jurisprudence
created
system
forces
segregate
voters
districts
based
color
skin
alabama
current
legislative
districts
genesis
policy
doj
applied
throughout
early
amendments
effectively
locked
place
alabama
districts
established
three
problems
jurisprudence
requiring
segregated
districts
distortion
created
doj
policy
ossifying
effects
amendments
primary
culprits
case
alabama
redistricting
policy
clean
hands
ii
created
current
system
redistricting
adopting
expansive
readings
voting
rights
act
prohibit
implementing
voting
laws
den
abridg
right
vote
account
race
color
provisions
extend
certain
types
voting
laws
voting
qualification
prerequisite
voting
standard
practice
procedure
ibid
previously
explained
terms
practice
procedure
refer
practices
affect
citizens
access
ballot
literacy
tests
holder
opinion
concurring
judgment
apply
istricting
systems
electoral
mechanisms
may
affect
given
ballot
duly
cast
counted
ibid
yet
adopted
interpretations
provisions
holding
encompass
legislative
redistricting
actions
might
dilute
strength
minority
votes
see
generally
thornburg
gingles
vote
dilution
challenge
legislative
districting
plan
see
also
allen
state
bd
elections
harlan
concurring
part
dissenting
part
interpretation
resulted
challenge
challenge
drawing
voting
districts
see
bartlett
strickland
league
latin
american
citizens
perry
georgia
ashcroft
reno
bossier
parish
school
bossier
ii
hunt
cromartie
reno
bossier
parish
school
bossier
bush
vera
shaw
hunt
shaw
ii
miller
johnson
hays
holder
supra
johnson
de
grandy
growe
emison
shaw
reno
shaw
voinovich
quilter
consequences
predictable
unfortunate
pursuing
undiluted
maximized
minority
voting
power
devised
remedial
mechanism
encourages
federal
courts
segregate
voters
racially
designated
districts
ensure
minority
electoral
success
holder
supra
thomas
concurring
judgment
section
provision
issue
applied
require
redistrict
maintain
number
districts
minority
voters
make
large
enough
portion
population
able
elect
candidate
choice
see
miller
supra
rejecting
doj
policy
requiring
increase
number
districts
maintaining
number
districts
violate
order
maintain
racially
burroughs
courts
must
perpetually
divid
country
electoral
districts
along
racial
lines
enterprise
segregating
races
political
homelands
holder
supra
opinion
thomas
internal
quotation
marks
omitted
assumptions
underlying
practice
creating
maintaining
safe
minority
districts
members
racial
group
must
think
alike
interests
distinct
must
provided
separate
body
representatives
remain
repugnant
nation
strives
ideal
constitution
predicted
compliance
efforts
embroil
ed
courts
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process
attempting
undo
least
minimize
damage
wrought
system
created
fateful
system
produced
cases
iii
tandem
flawed
jurisprudence
doj
played
significant
role
creating
alabama
current
redistricting
problem
enforcing
manner
required
including
alabama
create
voting
districts
face
denial
details
policy
highlighted
federal
georgia
congressional
redistricting
see
johnson
miller
supp
sd
behalf
black
caucus
georgia
general
assembly
american
civil
liberties
union
aclu
submitted
redistricting
proposal
georgia
legislature
became
known
plan
aclu
map
created
two
new
black
districts
maximized
black
voting
strength
pushing
percentage
black
voters
within
districts
high
possible
internal
quotation
marks
omitted
doj
denied
several
georgia
proposals
ground
include
enough
districts
plan
finally
approved
substantially
similar
aclu
proposal
creating
three
districts
total
black
populations
georgia
state
subject
doj
maximization
policy
north
carolina
example
submitted
congressional
redistricting
plan
census
doj
rejected
create
new
district
thus
appear
ed
minimize
minority
voting
strength
shaw
barr
supp
ednc
quoting
letter
john
dunne
assistant
attorney
general
civil
rights
tiare
smiley
special
deputy
attorney
general
doj
likewise
pressured
louisiana
create
new
district
state
sought
approval
congressional
redistricting
plan
following
census
see
hays
louisiana
supp
wd
la
grounds
louisiana
hays
although
eventually
rejected
doj
policy
see
miller
supra
much
damage
congressional
legislative
district
maps
already
done
enacted
districting
plans
accordance
doj
policy
prohibition
retrogression
meant
legislatures
effectively
required
maintain
plans
subsequent
redistricting
happened
alabama
alabama
redistricting
plans
modeled
plans
state
put
place
doj
policy
see
generally
kelley
bennett
supp
md
vacated
grounds
sinkfield
kelley
per
curiam
following
census
alabama
legislature
began
redrawing
state
legislative
districts
several
proposals
failed
legislature
group
plaintiffs
sued
state
entered
consent
decree
agreeing
use
plan
supp
primary
designer
plan
joe
reed
current
chairman
appellant
alabama
democratic
conference
according
reed
previous
plan
fair
achieve
number
representatives
proportionate
percentage
blacks
population
doj
policy
widely
assumed
state
according
doj
draw
district
lines
primary
intent
maximizing
election
black
officials
reed
thus
set
maximize
number
black
representatives
senators
elected
legislature
maximizing
number
districts
illustrating
strategy
alabama
letter
doj
seeking
preclearance
plan
emphasize
plan
deliberate
creation
enough
districts
assure
nearly
proportional
representation
legislature
boasted
plan
created
four
new
districts
two
additional
senate
districts
ibid
reed
populated
districts
percentage
black
residents
achieved
optimal
middle
ground
happy
medium
many
house
districts
black
reed
plan
senate
district
one
districts
issue
today
pushed
black
district
struck
several
districts
created
plan
unconstitutionally
based
race
reversed
however
holding
plaintiffs
lacked
standing
live
gerrymandered
districts
sinkfield
supra
plan
thus
went
effect
provided
template
state
next
redistricting
efforts
see
montiel
davis
supp
sd
maps
maintained
number
districts
plan
created
house
districts
senate
districts
ibid
maintain
relative
percentages
black
voters
districts
legislature
redrew
districts
shifting
black
voters
districts
app
juris
statement
state
letters
requesting
preclearance
plans
boasted
maps
maintained
number
districts
higher
percentages
black
voters
within
districts
slight
reductions
necessary
satisfy
legitimate
nondiscriminatory
redistricting
considerations
letter
william
pryor
alabama
attorney
general
voting
section
chief
civil
rights
division
department
justice
senate
districts
letter
william
pryor
alabama
attorney
general
voting
section
chief
civil
rights
division
department
justice
house
districts
section
tied
state
districts
precedents
prohibited
enacting
redistricting
plan
lead
retrogression
position
racial
minorities
beer
words
state
retrogress
previous
plan
wished
comply
iv
alabama
quandary
attempted
redraw
legislative
districts
exacerbated
amendments
amendments
created
inflexible
definition
retrogression
alabama
understandably
took
requiring
maintain
percentages
minority
voters
districts
amendments
thus
provide
last
piece
puzzle
explains
state
sought
maintain
percentages
blacks
district
congress
passed
amendments
response
attempt
define
retrogression
georgia
ashcroft
prior
decision
practically
reapportionment
change
deemed
vote
dilution
jurisprudence
inclined
find
bossier
thomas
concurring
strike
reapportionment
plan
either
include
enough
districts
thereby
diluted
minority
vote
remaining
districts
jurisprudence
thus
inevitably
force
courts
make
political
judgments
regarding
type
apportionment
best
serves
supposed
minority
interests
judgments
courts
ill
equipped
make
tried
pull
courts
doj
away
making
sorts
judgments
georgia
ashcroft
supra
insofar
applies
drawing
voting
districts
held
district
wrongly
georgia
reapportionment
plan
adopted
retrogression
standard
gave
flexibility
determining
percentage
black
voters
district
explained
state
may
choose
create
certain
number
districts
highly
likely
minority
voters
able
elect
candidate
choice
alternatively
state
may
choose
create
greater
number
districts
likely
although
perhaps
quite
likely
benchmark
plan
minority
voters
able
elect
candidates
choice
ibid
noted
spreading
minority
voters
greater
number
districts
creates
districts
minority
voters
may
opportunity
elect
candidate
choice
even
success
guaranteed
even
diminished
chance
electing
representative
districts
thus
permitted
make
judgments
best
prevent
retrogression
minority
group
voting
power
including
assessing
range
appropriate
minority
population
percentages
within
district
response
congress
amended
effectively
overruled
georgia
ashcroft
see
stat
amendments
added
subsection
provides
voting
qualification
prerequisite
voting
standard
practice
procedure
respect
voting
purpose
effect
diminishing
ability
citizens
account
race
color
elect
preferred
candidates
choice
denies
abridges
right
vote
within
meaning
section
see
stat
thus
change
effect
diminishing
ability
minority
group
elect
preferred
candidate
choice
retrogressive
rightly
worried
amendments
impose
much
inflexibility
sought
comply
richard
pildes
argued
behalf
alabama
democratic
conference
cases
testified
congressional
hearings
amendments
explained
georgia
ashcroft
recognizes
room
modest
flexibility
section
warned
congress
overturns
georgia
ashcroft
make
even
limited
amount
flexibility
illegal
hearing
continuing
need
section
senate
committee
judiciary
congress
pp
pildes
also
observed
proposed
standard
ability
elect
rigidity
mechanical
quality
lock
place
minority
districts
south
populations
serve
minority
voters
interests
although
testimony
says
nothing
interpreted
tells
us
alabama
democratic
conference
attorney
believes
state
subject
rigi
mechanical
standard
determining
number
black
voters
must
maintained
district
history
explains
alabama
circumstances
attempted
redistrict
census
legislature
began
district
maps
inherited
days
using
inherited
maps
combined
population
data
census
many
state
house
senate
districts
black
app
juris
statement
state
prohibited
drawing
new
districts
effect
diminishing
ability
blacks
elect
preferred
candidates
choice
legislature
thus
adopted
policy
maintaining
number
districts
roughly
percentage
blacks
within
districts
see
ante
majority
faults
state
taking
approach
pretend
alabama
blameless
comes
sordid
history
racial
politics
today
state
one
culpable
redistricting
effort
indeed
tainted
tainted
voting
rights
jurisprudence
uses
voting
rights
act
put
long
ago
doj
groups
like
aclu
hijacked
act
using
ever
since
achieve
vision
maximized
black
electoral
strength
often
expense
voters
purport
help
covered
whipsawed
first
required
create
safe
districts
told
diminis
ability
elect
told
rigid
preventing
diminishing
ability
elect
ante
worse
majority
solution
appellants
gerrymandering
claims
requires
analyze
race
even
exhaustively
less
accounting
black
voter
registration
turnout
statistics
ante
majority
command
analyze
black
voting
patterns
en
route
adopting
correct
racial
quota
nothing
ease
conflict
constitution
consciously
segregated
districting
system
required
name
equality
holder
although
dissent
today
procedural
grounds
also
continue
disagree
misguided
damaging
jurisprudence
footnotes
together
alabama
democratic
conference
et
al
alabama
et
also
appeal
footnotes
previously
explained
voting
rights
act
unconstitutional
see
shelby
county
holder
thomas
concurring
slip
longer
applies
alabama
decision
shelby
county
see
slip
majority
opinion
appellants
claims
properly
us
however
express
opinion
whether
compliance
compelling
governmental
purpose
time
alabama
redistricting
suggest
alabama
necessarily
prevail
appellants
properly
raised
claims
district
found
unclear
whether
doj
maximization
policy
driven
aclu
advocacy
doj
misguided
reading
voting
rights
act
concluded
considerable
influence
aclu
advocacy
voting
rights
decisions
attorney
general
embarrassment
johnson
miller
supp
sd
litigation
reed
alabama
democratic
conference
argue
percentage
black
residents
needed
maintain
ability
elect
candidate
lower
black
participation
increased
last
decade
brief
appellants
pp
although
appellants
disclaim
argument
state
must
achieve
optimal
percentage
black
voters
districts
clear
seek
plan
maximizes
voting
strength
maintaining
safe
districts
also
spreading
black
voters
districts
influence
elections