georgia ashcroft attorney general et argued april decided june georgia state senate districting plan benchmark plan litigation plan drew districts total black population black voting age population census revealed numbers increased districts black population least black voting age population exceeding districts census georgia general assembly began redistricting senate uncontested substantial majority georgia black voters vote democratic elected black representatives general assembly democrats senator chaired subcommittee developed new plan testified believed district black voting age population increased beyond necessary elect candidate push senate toward republicans correspondingly diminish power overall thus part democrats strategy maintain number districts increase number democratic senate seats also increase number influence districts black voters able exert significant decisive force election process new plan therefore unpacked heavily concentrated districts benchmark plan created number new influence districts drawing districts voting age population additional districts black voting age population districts black voting age population senate adopted new plan black senators voted georgia house representatives passed plan black representatives voting republican either body voted plan making votes black legislators necessary passage governor signed senate plan law georgia covered jurisdiction voting rights act must submit new voting standard practice procedure preclearance either attorney general district district columbia order ensure change purpose effect denying abridging right vote account race color change precleared lead retrogression position racial minorities respect effective exercise electoral franchise beer order preclear plan georgia filed suit district seeking declaratory judgment plan violate satisfy burden proving nonretrogression georgia submitted detailed evidence documenting among things total population total black population black voting age population percentage black registered voters overall percentage democratic votes district evidence statistics compared benchmark districts testimony numerous participants plan enactment designed increase black voting strength throughout state well help ensure continued democratic majority senate expert testimony black nonblack voters equal chances electing preferred candidate black voting age population district response objections detailed statistical evidence respect three proposed senate districts found objectionable districts two districts challenged intervenors districts argued plan precleared changes boundaries districts unlawfully reduced black voters ability elect candidates choice evidence focused three districts designed permit assess plan overall impact intervenors four argued retrogression occurred districts presented proposed alternative plans expert report critiquing state expert report district panel held plan violated therefore entitled preclearance held district err allowing private litigants intervene found intervenors analysis plan identifies interests adequately represented existing parties private parties may intervene actions assuming meet requirements federal rule civil procedure naacp new york district abuse discretion allowing intervention case see morris gressette held decision object belongs attorney general distinguished concerned administrative judicial preclearance process morris recognized difference two see pp district failed consider relevant factors examined whether georgia senate plan resulted retrogression black voters effective exercise electoral franchise pp georgia argument plan precleared satisfy voting rights act rejected vote dilution violation independent reason deny preclearance inevitably make compliance contingent compliance thereby replace retrogression standards reno bossier parish school instead showing plan nondilutive georgia must prove nonretrogressive pp determine meaning retrogression position racial minorities respect effective exercise electoral franchise beer supra statewide plan must first examined whole first diminution minority group effective exercise electoral franchise violates state show gains plan whole offset loss particular district second relevant circumstances must examined minority voters ability elect candidate choice extent minority group opportunity participate political process feasibility creating nonretrogressive plan see johnson de grandy assessing totality circumstances minority group comparative ability elect candidate choice important factor dispositive exclusive see thornburg maximize group electoral success state may choose create either certain number safe districts highly likely minority voters able elect candidate choice see greater number districts likely although perhaps quite likely benchmark plan minority voters able elect candidates see concurring judgment section dictate state must pick one redistricting methods considering highly relevant factor retrogression inquiry extent new plan changes minority group opportunity participate political process must examine whether plan adds subtracts influence districts minority voters may able elect candidate choice play substantial decisive role electoral process johnson supra assessing influence districts comparative weight important consider likelihood candidates elected without decisive minority support willing take minority interests account thornburg concurring judgment various studies suggest effective way maximize minority voting strength may create influence coalitional districts section allows risk fewer minority representatives order achieve greater overall representation minority group increasing number representatives sympathetic interests minority voters see another method assessing group opportunity participate political process examine comparative position black representatives legislative leadership influence power see johnson supra maintaining increasing legislative positions power minority voters representatives choice dispositive show lack retrogressive effect also significant though dispositive whether representatives elected districts created protected voting rights act support new plan pp district failed consider relevant factors first although acknowledging importance assessing statewide plan whole focused narrowly proposed senate districts without examining increases black voting age population occurred many districts second consider factor beyond black voters comparative ability elect candidate choice improperly rejected evidence legislators representing benchmark districts support plan plan maintains representatives legislative influence georgia affirmatively decided best way maximize black voting strength adopt plan unpacked high concentration minority voters districts face georgia evidence nonretrogression evidence difficult minority voters elect candidate choice districts given evidence submitted case georgia likely met burden showing nonretrogression section gives flexibility implement type plan georgia submitted preclearance plan increases number districts voting age population even means minority voters districts face somewhat reduced opportunity elect candidate choice cf thornburg supra concurring courts justice department vigilant ensuring neither reduce minority voters effective exercise electoral franchise discriminate voting rights act properly interpreted encourage transition society race longer matters pp district better position reweigh facts record first instance light explication retrogression supp vacated remanded delivered opinion rehnquist scalia kennedy thomas joined kennedy thomas filed concurring opinions souter filed dissenting opinion stevens ginsburg breyer joined georgia appellant john ashcroft attorney general et al appeal district district columbia june justice delivered opinion case decide whether georgia state senate redistricting plan precleared voting rights act stat renumbered amended section requires covered jurisdiction new voting standard practice procedure goes effect must precleared either attorney general federal ensure change purpose effect denying abridging right vote account race color whether voting procedure change precleared depends whether change lead retrogression position racial minorities respect effective exercise electoral franchise beer therefore must decide whether georgia state senate redistricting plan retrogressive compared previous benchmark districting plan past decade propriety georgia state congressional districts subject repeated litigation georgia general assembly began process redistricting census georgia covered jurisdiction voting rights act see miller johnson georgia submitted revised state senate plan department justice preclearance plan enacted law increased number districts previous senate plan department justice nevertheless refused preclearance georgia failure maximize number districts see johnson miller supp sd georgia made changes senate plan attempt satisfy objections state submitted department justice preclearance department justice refused preclearance plan contain sufficient number districts see finally precleared georgia third redistricting plan approving spring see georgia senate plan challenged see congressional districting plan however challenged unconstitutional equal protection clause fourteenth amendment see shaw reno held miller johnson georgia congressional districting plan unconstitutional engaged racial stereotyping fourteenth amendment forbids making race predominant overriding factor explaining georgia congressional districting decisions even though safe say congressional plan enacted end required order obtain preclearance justification permit georgia engage racial gerrymandering see georgia state senate districts served building blocks create congressional districting plan found unconstitutional miller johnson johnson miller internal quotation marks omitted see also georgia recognized miller johnson legislative districts unconstitutional equal protection clause see accordingly georgia attempted cure perceived constitutional problems state senate districting plan passing another plan department justice refused preclear plan maintaining retrogressed plan miller johnson concerned georgia congressional districts georgia state senate districts see private litigants subsequently brought action challenging constitutionality senate plan see panel district reviewing senate plan found clear black maximization policy become integral part section preclearance process georgia redistricting plans review net effect doj preclearance objection require state georgia increase number majority black districts redistricting plans already ameliorative plans beyond reasonable concept noted miller johnson specifically disapproved department justice policy maximization black districts part retrogression analysis see indeed miller found department justice objections georgia redistricting plans driven policy maximizing districts utilizing require create districts wherever possible department justice expanded authority statute beyond congress intended upheld district stated maximization districts georgia artificially push ed percentage black voters within majority black districts high possible fed plan eventually received department justice preclearance represented general assembly surrender black maximization policy doj found plan unconstitutional racial gerrymander see direction georgia department justice reached mediated agreement constitutionality senate plan georgia passed new plan department justice quickly precleared redrawn map resembled large degree plan eventually received preclearance department justice changes accommodate decision miller johnson district johnson miller parties concede plan benchmark plan litigation effect time redistricting effort plan drew districts total black population black voting age population see record doc pl exh hereinafter pl census revealed numbers increased districts black population least black voting age population exceeding districts see supp dc census georgia general assembly began process redistricting senate party contests substantial majority black voters georgia vote democratic elected black representatives general assembly democrats goal democratic leadership black white maintain number districts also increase number democratic senate seats see example director georgia legislative redistricting office linda meggers testified senate black caucus existing districts time votes vice chairman senate reapportionment committee senator robert brown also testified goals redistricting effort senator brown black chaired subcommittee developed senate plan issue see senator brown believed designed senate plan black voting age population district increased beyond necessary pus whole thing towards republican pl exh correspondingly senator brown stated diminish power overall ibid senator charles walker majority leader senate senator walker testified important attempt maintain democratic majority senate better chance participate political process democratic majority republican majority pl exh least black members senate chair committees see supp plan designed senator brown committee kept true dual goals maintaining least many districts also attempting increase democratic strength senate part democrats strategy maintain number districts increase number influence districts black voters able exert significant decisive force election process majority leader testified past know end packing put blacks one district whites one district end black democratic district white republican district good strategy bring people together divides population put people together voting precincts brings people together pl exh plan designed senate unpacked heavily concentrated districts benchmark plan created number new influence districts new plan drew districts voting age population additional districts black voting age population districts black voting age population see pl exh according census compared benchmark plan new plan reduced five number districts black voting age population excess compare pl exh pl exh yet increased number voting age population districts one increased number districts black voting age population four compared benchmark plan enacted difference even larger old census figures georgia senate districts voting age population senate districts black voting age population see pl exh new plan thus increased number districts majority black voting age population three increased number districts black voting age population another five compare pl exh pl exh senate adopted new districting plan august vote ten eleven black senators voted plan supp georgia house representatives passed senate plan vote black representatives voted plan ibid republican either house senate voted plan making votes black legislators necessary passage see governor signed senate plan law august georgia subsequently sought obtain preclearance pursuant voting rights act covered jurisdiction like georgia option either seeking administrative preclearance attorney general seeking judicial preclearance instituting action district district columbia declaratory judgment voting change comports georgia georgia chose latter method filing suit seeking declaratory judgment state senate plan violate georgia bears burden proof action see pleasant grove attempted prove senate plan retrogressive either intent effect submitted detailed evidence documenting district total population total black population black voting age population percentage black registered voters overall percentage democratic votes overall likelihood voters particular district vote democratic among things see supp see also pl exhs state also submitted evidence statistics compared benchmark districts see supp see also pl exhs revised georgia also submitted testimony numerous people participated enacting senate plan law congressman john lewis represents atlanta area witnesses testified new senate plan designed increase black voting strength throughout state well help ensure continued democratic majority senate state also submitted expert testimony voters equal chances electing preferred candidate black voting age population district finally response objections raised georgia submitted detailed statistical evidence respect three proposed senate districts found objectionable districts two districts intervenors challenged districts attorney general argued district georgia senate redistricting plan precleared argued plan changes boundaries districts unlawfully reduced ability black voters elect candidates choice see brief federal appellees supp noted district black voting age population dropped district black voting age population dropped district black voting age population dropped moreover three districts percentage black registered voters dropped also submitted expert evidence voting racially polarized senate districts see acknowledged limited percentage whites vote black candidate maintained percentage sufficient black voters elect candidate choice see also offered testimony various witnesses including lay witnesses living three districts asserted new contours districts reduce opportunity blacks elect candidate choice districts senator regina thomas district black senator voted plan senator eric johnson republican leader senate black legislators voted plan questioned plan affect black voters see vols record doc exhs depositions district stated evidence extremely limited scope focusing three contested districts state senate plan evidence designed permit assess overall impact senate plan supp pursuant federal rule civil procedure district also permitted four citizens georgia intervene intervenors identified two districts districts alleged retrogression occurred intervenors present ed little evidence proposed alternative plans expert report critiquing state expert report supp panel district held georgia state senate apportionment violated therefore entitled preclearance see judge sullivan joined judge edwards concluded georgia demonstrated preponderance evidence state senate redistricting plan retrogressive effect african american effective exercise electoral franchise ibid found senate districts retrogressive district lesser opportunity existed black candidate choice win election new plan benchmark plan see found reductions black voting age population districts diminish african american voting strength districts georgia failed present evidence retrogression districts offset gains districts judge edwards joined judge sullivan concurred judge edwards emphasized procedurally substantively distinct provisions therefore rejected georgia argument plan preserving equal opportunity minorities elect candidates choice satisfies judge edwards also rejected testimony black georgia politicians supported senate plan view testimony address whether racial polarization occurring senate districts see judge oberdorfer dissented given greater credence political expertise motivation georgia political leaders reasonable inferences drawn testimony voting data statistics noted answered whether redistricting plan preserves increases number districts statewide minorities fair reasonable opportunity elect candidates choice entitled preclearance whether every district must remain improve benchmark probability victory even maintains minority far excess level needed effective exercise electoral franchise district refused preclear plan georgia enacted another plan largely similar one issue except added black voters districts district precleared plan see supp party contested propriety district preclearance senate plan amended georgia asserts use plan originally enacted receives preclearance noted probable jurisdiction consider whether district precleared plan originally enacted georgia vacate judgment ii addressing merits georgia preclearance claim address state argument district incorrect allowing private litigants intervene lawsuit georgia maintains private parties allowed intervene actions subjected political stratagems intervenors disagrees georgia propriety intervention argues question moot participation intervenors affect district ruling merits intervenors appeal ruling think georgia argument moot intervenors appeal prevailing parties moreover district addressed evidence intervenors submitted front issue whether intervenors proper parties still relevance argue district correctly found senate plan retrogressive district properly found federal rule civil procedure governs intervention case section permits state bring action district district columbia declaratory judgment section limit way application federal rules civil procedure type lawsuit statute terms bar private parties intervening naacp new york held action ntervention federal suit governed fed rule civ proc support argument georgia relies morris gressette morris held administrative preclearance action decision object belongs attorney general judicially reviewable see morris concerned administrative preclearance process judicial preclearance process morris recognized difference administrative preclearance judicial preclearance see district granted motion intervene found intervenors analysis senate redistricting pla identifies interests adequately represented existing parties app juris statement private parties may intervene actions assuming meet requirements rule district abuse discretion granting motion intervene case see naacp new york supra iii section voting rights act limited substantive goal insure changes made lead retrogression position racial minorities respect effective exercise electoral franchise miller thus plan merely preserves current minority voting strength entitled preclearance city lockhart bush vera supra indeed voting change discriminatory nonretrogressive purpose effect violate see reno bossier parish school matter unconstitutional may plan retrogressive precleared reclearance affirms nothing absence backsliding georgia argues plan precleared plan satisfy voting rights act however consistently understood combat different evils accordingly impose different duties upon reno bossier parish school bossier parish example limited particular covered jurisdictions applies inquiry differs significant respects inquiry contrast retrogression standard essence vote dilution claim certain electoral law practice structure cause inequality opportunities enjoyed black white voters elect preferred representatives thornburg gingles see also enunciating test establish vote dilution concurring judgment unlike inquiry retrogression inquiry definition requires comparison jurisdiction new voting plan existing plan bossier parish supra parts analysis may overlap inquiry two sections differ structure purpose application holder hall plurality opinion bossier parish specifically held violation independent reason deny preclearance see reason holding straightforward ecognizing violations basis denying preclearance inevitably make compliance contingent upon compliance intents purposes replace standards ibid georgia makes flip side argument failed bossier parish compliance suffices preclearance yet argument fails reasons argument failed bossier parish refuse equate vote dilution inquiry retrogression standard georgia argument like argument bossier parish shift focus nonretrogression vote dilution change benchmark jurisdiction existing plan hypothetical undiluted plan instead showing senate plan nondilutive georgia must prove plan nonretrogressive georgia argues even compliance automatically result preclearance state senate plan precleared lead retrogression position racial minorities respect effective exercise electoral franchise beer supra see brief appellant never determined meaning effective exercise electoral franchise case requires us detail first district correctly acknowledge examining whether new plan retrogressive inquiry must encompass entire statewide plan whole see supp tr oral arg thus diminution minority group effective exercise electoral franchise one two districts may sufficient show violation sufficient covered jurisdiction show gains plan whole offset loss particular district second assessment retrogression minority group effective exercise electoral franchise depends examination relevant circumstances ability minority voters elect candidate choice extent minority group opportunity participate political process feasibility creating nonretrogressive plan see johnson de grandy richmond thornburg gingles supra concurring judgment single statistic provides courts shortcut determine whether voting change retrogresses benchmark johnson de grandy supra assessing totality circumstances focus solely comparative ability minority group elect candidate choice factor important one retrogression inquiry dispositive exclusive standard simple whether new plan lead retrogression position racial minorities respect effective exercise electoral franchise beer ability minority voters elect candidate choice important often complex practice determine order maximize electoral success minority group state may choose create certain number safe districts highly likely minority voters able elect candidate choice see thornburg gingles concurring judgment alternatively state may choose create greater number districts likely although perhaps quite likely benchmark plan minority voters able elect candidates choice see concurring judgment cf pildes law war social science voting rights rev section dictate state must pick one methods redistricting another either option present minority group array electoral risks benefits presents hard choices truly minority electoral success thornburg gingles supra concurring judgment one hand smaller number safe districts may virtually guarantee election minority group preferred candidate districts yet even concentration minority voters districts constitute unlawful packing minority voters see voinovich quilter plan risks isolating minority voters rest state risks narrowing political influence fraction political districts cf shaw reno districts may result descriptive representation representatives choice likely mirror race majority voters district representation may limited fewer areas see pitkin concept representation hand spreading minority voters greater number districts creates districts minority voters may opportunity elect candidate choice strategy potential increase substantive representation districts creating coalitions voters together help achieve electoral aspirations minority group see also however creates risk minority group preferred candidate may lose yet stated johnson de grandy supra communities minority citizens able form coalitions voters racial ethnic groups need majority within single district order elect candidates choice candidates may represent perfection every minority voter minority voters immune obligation pull haul trade find common political ground virtue slighted applying statute meant hasten waning racism american politics section gives flexibility choose one theory effective representation addition comparative ability minority group elect candidate choice highly relevant factor retrogression inquiry extent new plan changes minority group portunity participate political power influence political process limited winning elections thornburg gingles supra concurring judgment quoting davis bandemer see also white regester whitcomb chavis johnson de grandy thus must examine whether new plan adds subtracts influence districts minority voters may able elect candidate choice play substantial decisive role electoral process cf shaw hunt stevens dissenting hays louisiana supp wd la johnson de grandy supra thornburg gingles concurring judgment assessing comparative weight influence districts important consider likelihood candidates elected without decisive minority support willing take minority interests account concurring judgment fact various studies suggested effective way maximize minority voting strength may create influence coalitional districts see lublin racial redistricting representation critique districts maximize substantive black representation congress pol sci rev noting racial redistricting early created districts made congress less likely adopt initiatives supported blacks cameron epstein districts maximize substantive black representation congress pol sci rev concluding istricting schemes maximize number minority representatives necessarily maximize substantive minority representation swain black faces black interests pildes grofman handley lublin drawing effective minority districts conceptual framework empirical evidence rev section leaves room use types influence coalitional districts indeed state choice ultimately may rest political choice whether substantive descriptive representation preferable see pitkin supra swain supra state may choose consistent better risk fewer minority representatives order achieve greater overall representation minority group increasing number representatives sympathetic interests minority voters see thornburg gingles concurring judgment cf johnson de grandy addition influence districts one method assessing minority group opportunity participate political process examine comparative position legislative leadership influence power representatives benchmark districts legislator less voter immune obligation pull haul trade find common political ground ibid indeed representative democracy purpose voting delegate chosen representatives power make pass laws ability exert control process core exercising political power lawmaker legislative influence potential set agenda participate meetings negotiate stronger position shake hands deal maintaining increasing legislative positions power minority voters representatives choice dispositive show lack retrogressive effect also significant though dispositive whether representatives elected districts created protected voting rights act support new districting plan district held support legislators benchmark districts may show retrogressive purpose relevant assessing retrogressive effect see supp see also post opinion souter think evidence also relevant retrogressive effect dissent recognizes retrogression inquiry asks voters probably act circumstances live post representatives districts created ensure continued minority participation political process knowledge voters probably act whether proposed change decrease minority voters effective exercise electoral franchise dissent maintains standards determining nonretrogression announce today create situation hard see anything left post dissent ignores ability minority group elect candidate choice remains integral feature analysis cf thornburg gingles supra concurring judgment dissent agrees addition subtraction coalitional districts relevant inquiry see post yet assessing whether plan coalitional districts retrogressive whether plan influence coalitional districts retrogressive justice souter recognized context department justice assess totality circumstances determining retrogression see johnson de grandy supra course true evidence racial polarization one many factors relevant assessing whether minority group able elect candidate choice exert significant influence particular district see thornburg gingles concurring judgment see also white regester zimmer mckeithen en banc dissent nevertheless asserts right inquiry goes beyond assessing whether minority group elect candidate choice post except general statement retrogression beer dissent cites law support contention retrogression focus solely ability minority group elect candidate choice justice souter writing johnson de grandy supra recognized extent opportunities minority voters enjoy participate political processes important factor consider assessing inquiry see also thornburg gingles supra concurring judgment determining new districting plan differs benchmark plan standard apply district failed consider relevant factors examined whether georgia senate plan resulted retrogression black voters effective exercise electoral franchise first district acknowledged importance assessing statewide plan whole focused narrowly proposed senate districts examine increases black voting age population occurred many districts second district explore meaningful depth factor beyond comparative ability black voters districts elect candidate choice paid inadequate attention support legislators representing benchmark districts maintenance legislative influence representatives district correctly recognized increase districts substantial minority black voters important factor retrogression inquiry see supp nevertheless adequately apply consideration facts case district ignored evidence numerous districts showing increase black voting age population well evidence georgia decided way increase black voting strength adopt plan unpacked high concentration minority voters districts statement georgia presen evidence regarding potential gains minority voting strength senate districts districts therefore clearly erroneous like dissent accept district findings reductions black voting age population proposed districts make marginally less likely minority voters elect candidate choice districts although note georgia introduced evidence showing approximately white voters support black candidate districts see expert admitted results statewide elections georgia show good chance african american candidates win election reconstituted districts see also nevertheless regardless racially polarized voting diminished opportunity black voters elect candidate choice proposed districts district inquiry narrow face georgia evidence senate plan whole retrogressive introduced nothing apart evidence difficult minority voters elect candidate choice districts district stated introduce evidence rebut georgia evidence increase black voting age population districts offsets decrease black voting age population three contested districts evidence extremely limited scope focusing three contested districts state senate plan indeed district noted evidence designed permit assess overall impact senate plan ibid given evidence submitted case find georgia likely met burden showing nonretrogression increase black voting age population districts likely offsets marginal decrease black voting age population three districts district found retrogressive using overlay census numbers georgia strategy unpacking minority voters districts create influence coalitional districts apparent census numbers number majority black voting age population districts new plan increases one number districts black voting age population increases two number districts black voting age population increases another see pl exhs see also supra using census numbers effect time benchmark plan enacted assess benchmark plan difference even striking figures new plan increases number districts voting age population increases number districts black voting age population see pl exhs thus new plan creates new districts black voters group play substantial decisive role electoral process indeed census figures use time georgia enacted benchmark plan black voting age population districts decrease extent indicated district district drops black voting age population district drops black voting age population district actually increases black voting age population see pl exhs regardless potential retrogression districts permits georgia offset decline districts increase black voting age population districts testimony designed senate plan confirms statistics suggest georgia goal unpack minority voters districts increase blacks effective exercise electoral franchise districts see supra evidence supports implausibility finding retrogression examination black voters opportunities participate political process shows anything increase effective exercise electoral franchise certainly indicate retrogression districts proposed plan black voting age population consist almost entirely districts overall percentage democratic votes see pl exh one exception proposed district black voting age population overall democratic percentage see ibid statistics make likely matter fact black voters constitute effective voting bloc even always elect candidate choice see thornburg gingles concurring judgment statistics also buttress testimony designers plan senator brown stated goal plan maintain increase black voting strength relatedly increase prospects democratic victory see supra testimony congressman john lewis easily dismissed congressman lewis member state senate thus less stake personally outcome litigation congressman lewis testified giving real power black voters comes kind redistricting efforts state georgia made senate plan give real meaning voting african americans greater chance putting office people going responsive pl exh section gives flexibility implement type plan georgia submitted preclearance plan increases number districts voting age population even means districts minority voters face somewhat reduced opportunity elect candidate choice cf thornburg gingles supra concurring judgment dissent analysis presumes deciding georgia senate plan retrogressive see post contrary hold district engage correct retrogression analysis focused heavily ability minority group elect candidate choice districts district engaged thorough analysis issue must remand case district examine facts using standard announce today leave district determine whether georgia indeed met burden proof dissent justifies conclusion ground district clearly err factual determination dissent appear dispute district legal standard incorrect decision vacated purpose voting rights act prevent discrimination exercise electoral franchise foster transformation society longer fixated race cf johnson de grandy shaw reno congressman lewis stated think civil rights struggle create like call truly interracial democracy south movement call creating beloved community community able forget race color see people people human beings citizens pl exh courts department justice vigilant ensuring neither reduce effective exercise electoral franchise discriminate minority voters voting rights act properly interpreted encourage transition society race longer matters society integration qualities proud simple facts life see shaw reno supra iv district better position reweigh facts record first instance light explication retrogression judgment district district columbia accordingly vacated case remanded proceedings consistent opinion ordered georgia appellant john ashcroft attorney general et al appeal district district columbia june justice kennedy concurring evident accurate description facts case race predominant factor drawing lines georgia state senate redistricting map statement facts written preface consideration challenge brought equal protection clause voting rights act reader opinion sound reason conclude challenge succeed race predominant factor redistricting decision miller johnson yet considerations race doom redistricting plan fourteenth amendment seem save agree decisions controlling analysis require ruling see reno bossier parish school reno bossier parish school discord inconsistency noted however case issue raised confronted fundamental flaw think scheme department justice permitted directed encourage ratify course unconstitutional conduct order find compliance statutory directive serious issue raised already observed accurate summary facts application controlling precedents observations join opinion georgia appellant john ashcroft attorney general et al appeal district district columbia june justice thomas concurring continue adhere views expressed opinion holder hall opinion concurring judgment join opinion fully consistent precedents georgia appellant john ashcroft attorney general et al appeal district district columbia june justice souter justice stevens justice ginsburg justice breyer join dissenting agree reducing number districts within state necessarily amount retrogression barring preclearance voting rights act see ante prudential objective hardly betrayed state show new districting plan shifts supermajority districts minorities elect candidates choice voting power coalition districts minorities fact shown similar opportunity joined predictably supportive nonminority voters cf johnson de grandy explaining context although society racial ethnic cleavages sometimes necessitate districts ensure equal political electoral opportunity obscure fact communities minority citizens able form coalitions voters racial ethnic groups need majority within single district order elect candidates choice state shifts coalition districts however state bears burden proving nonminority voters reliably vote along minority see reno bossier parish school must show merely minority voters new districts may influence minority voters effective influence translatable probable election results comparable enjoyed existing district scheme demonstrate state must produce reports minority voting age percentages must show probable voting behavior nonminority voters make coalitions minorities real prospect see pildes law war social science voting rights rev state evidence fails convince factfinder high racial polarization voting unlikely high white crossover voting likely political demographic facts point probable minority effectiveness reduction supermajority districts must treated potentially fatally retrogressive burden persuasion always state district majority perfectly well understood committed error error enters case whose majority unmoors practical administrable conception minority influence rule retrogression transition districts mistakes significance evidence supporting district decision ii goes beyond recognizing possibility coalition districts nonretrogressive alternatives majorities minority voters redefines effective voting power analysis without anchoring reference electing candidate choice alternatively suggesting potentially retrogressive redistricting plan satisfy sufficient number influence districts addition coalitio districts created ante new plan provided minority groups opportunity elect particularly powerful candidate ante either alternative requirement voting changes nonretrogressive substantially diminished left practically unadministrable holds state carry burden show nonretrogressive degree minority influence demonstrating elected without decisive minority support willing take minority interests account ante quoting thornburg gingles concurring judgment right history demonstrates addresses changes state law intended perpetuate exclusion minority voters exercise political power held state must show change voting procedure free retrogression meant changes must leave minority voters less chance effective electing preferred candidates change purpose always insure changes made lead retrogression position racial minorities respect effective exercise electoral franchise beer see section intended insure gains thus far achieved minority political participation shall destroyed new discriminatory procedures quoting addressing burden show retrogression therefore influence must mean opportunity exercise power effectively however says influence may adequate avoid retrogression districts consists decisive minority voting power sentiment part politicians influence may sufficient reflects willingness part politicians consider interests minority voters even need minority votes elected holds words retrogression power voting majority minority voters eliminated long elected politicians expected give consideration minority interests power elect candidate choice forgotten voting power forgotten hard see anything left standard nonretrogression surprise cited precedential support reconception see ante consists dissenting opinion shaw hunt dictum case western district louisiana indeed see trouble ahead one need ask new understanding state legislators federal preclearance reviewers supposed identify measure degree influence necessary avoid retrogression nominally retains touchstone test purely ad hominem looking merely apparent sentiments incumbents might run new districts enough state show incumbent previously promised consider minority interests voting legislative measures whatever one looks however one put value influence falls short decisive influence coalition nondecisive influence worth less control much less two influence districts offset loss one district take three four gives guidance measuring influence falls short voting strength coalition member let alone majority minority voters see possibly give guidance influence simply functional political judicial worlds identical problems comparability administrability count least much gloss nonretrogression novel holding state may trade minority voters ability elect candidate choice ability exert undefined degree influence candidate likely occupy position official legislative power see ante implies one district minority voters elect legislative leader replace larger number districts ordinary candidates without retrogression overall minority voting strength approach state may value minority votes district potential committee chairman might elected differently minority votes district ordinary candidates impossible believe congress ever imagined preclearance actually turning distinctions event going allow state weigh minority votes ambitiousness candidates votes might cast hard see stopping point suppose go far give extra points incumbent charisma attract legislative following value committee chairmen equally committee chairmen certainly legislator network influence made proven dealmaker thus problem measurement shift districts offset good chance one may elect new speaker house fault answers questions answers use fault fundamental fact interpretation nonretrogression invites unanswerable questions points error preclearance regime defies reviewable administration left little hope determining practically whether districting shift one party overall political advantage expected offset loss voting power particular districts simply greater opportunity reduce minority voting strength guise obtaining party advantage one left ask suffer new unquantifiable standard turn actual serious burden persuasion remains rely new theory influence guaranteed losers nonretrogression demonstrated districts minority influence amorphous objective comparison outcome unlikely subsequent cases allows state burden satisfied pretense unquantifiable influence equated power simply drop safeguard unremitting ingenious defiance constitution required procedure preclearance first place south carolina katzenbach iii district never reached question addresses kind influence districts coalition might demonstrate decrease districts retrogressive reach question found state satisfied burden persuasion issue crucial administrable state shown possibility actual coalitions affected districts allow retreat districts without retrogressive effect central evidentiary finding invulnerable correct standard review review district factual findings clear error see miller johnson pleasant grove mccain lybrand city lockhart business disturbing district ruling simply decided case differently based entire evidence left definite firm conviction mistake committed easley cromartie internal quotation marks omitted us decide whether georgia state senate redistricting plan retrogressive compared previous benchmark districting plan ante sole responsibility see whether district committed clear error refusing preclear plan district began acknowledgement assent simple fact decrease black voting age population bvap districts alone dispositive whether proposed plan retrogressive african american districts may positive negative consequences statewide electoral strength african american voters extent voting patterns suggest minority voters better position join forces segments population elect minority preferred candidates decrease district bvap may little effect minority voting strength supp dc see voting rights act allows adopt plans move minorities districts formerly constituted majority voting population provided racial divisions healed point numerical reductions necessarily translate reductions electoral power mere fact bvap decreases certain districts enough deny preclearance plan section district recognized key understanding impact drops district bvap minority group effective exercise electoral franchise beer level racial polarization racial elements consistently vote separate blocs decreasing proportion black voters generally reduce chance minority group favored candidate elected whereas districts low racial bloc voting significant white crossover voting decrease black proportion may effect minority opportunity elect candidate choice see supp acial polarization critically important presence absence senate districts challenged goes long way determining whether decreases bvap african american voter registration districts likely produce retrogressive effects indisputable recognition context determines effect decreasing minority numbers purposes enquiry points nub case district decision boils judgment evidence showed context district found offered evidence racial polarization contested found georgia failed present anything relevant issue georgia district said provided competent comprehensive information regarding white crossover voting levels polarization individual districts across state particular district found impossible extrapolate anything level racial polarization statistical submissions georgia lone expert witness panel majority took note georgia expert admitted evidence simply address racial polarization whole point analysis expert stated look polarization per se question whether blacks whites general vote different candidates ibid internal quotation marks omitted accordingly district explained georgia expert made attempt address central issue whether state proposal retrogressive failed even identify decreases bvap occur proposed plan certainly identify corresponding reductions electability african american candidates choice paucity information expert report thus leaves us unable use analysis assess expected change african american voting strength statewide brought proposed senate plan majority speaks georgia evidence senate plan whole retrogressive introduce evidence rebut tal ante answer engaging review clear error instead reweighing evidence de novo discovering thinks district overlooked drawing evidentiary conclusions district supposedly see mistaken points implicitly recognizing evidence voting behavior majority voters crucial showing nonretrogression minority numbers drop proposed plan tries find evidence fill record gap says example georgia introduced evidence showing approximately white voters support black candidate contested districts ante support claim however majority focuses testimony offered georgia expert relating crossover voting rather proposed districts supp district specifically noted expert calculate crossover voting proposed plan also emphasizes epstein attempt rely table calculations demonstrate voting patterns districts calculated crossover existing proposed senate districts indeed relying evidence majority attributes significance georgia expert disclaimed district pointed see impossible extrapolate voting patterns epstein database epstein admitted whole point analysis look polarization per se question whether blacks whites general vote different candidates internal quotation marks omitted another effort revise record faults district alleging focused narrowly proposed senate districts ante fact however georgia asked district consider contested districts district explicitly refused limit review fashion reject state argument review limited districts challenged encompass redistricting plans entirety review necessarily extends entire proposed plan supp district explained vested final authority approve disapprove proposed change whole ibid question us whether proposed senate plan whole effect denying abridging right vote account race color edwards joined sullivan concurring quoting though majority asserts district ignored evidence numerous districts showing increase black voting age population ante district fact specifically considered parties dispute statewide impact change black voting age population see supp number senate districts majorities bvap according georgia calculations increase twelve thirteen according attorney general interpretation census data number decrease twelve eleven try improve record focuses testimony certain lay witnesses politicians presented state support claim senate plan retrogressive georgia indeed relied heavily near unanimity minority legislators support plan district overlook evidence simply found inadequate carry state burden showing nonretrogression district majority explained legislators support end far probative lack retrogressive purpose absence retrogressive effect emphasis original politicians testimony district contrary credible evidence retrogressive effect evidence testimony expert witness presented suggests existence highly racially polarized voting proposed districts evidence retrogressive effect georgia offered competent response ibid district clearly within bounds finding georgia proposed plan decreased bvap relevant districts offered evidence significant racial polarization districts georgia offered adequate response evidence reasonableness district treatment evidence underscored concluding reflection possible georgia shown plan nonretrogressive evidence state actually offered simply failed without doubt numerous ways given limited evidence racially polarized voting state senate local elections georgia met burden proof case yet limited reviewing evidence presented parties compelled hold state met burden lack positive racial polarization data gap center state case evidence presented estimable legislators come close filling void must plain overturning district thoughtful consideration evidence majority simply rejecting district evidentiary finding favor reweighing testimony making judgments competence interest character witnesses conducting clear error review next attempts fill holes state evidence retrogression drawing inferences favorable state undisputed statistics see ante exercise comes closer demonstrating clear error others considered far first place district already explained futility effort knowing whether number majority bvap districts increases decreases stays proposed plan alone allow firm conclusion minorities better worse unvarying opportunity elect candidates choice inference must depend trends bvap levels evidence likely voter turnout among minority majority groups patterns racial bloc voting likelihood white crossover voting indeed core holding today agree nonretrogression necessarily require maintenance existing minority districts turns point comparing number districts existing proposed plans alone reliably indicate whether new plan retrogressive lack contextual evidence however flaw numerical arguments thus first example ante points proposed plan number districts majority bvap increases one existing mention number districts bvap levels decreases four see record doc pl exhs similarly points increase two districts bvap range along increase two range ante fails mention however georgia expert argued critical threshold bvap levels supp data relies shows number districts bvap actually decreasing one see record doc pl exhs point figures conclusively demonstrate retrogression mean say percentages tell us nothing isolation without contextual evidence raw facts population levels fail get close indicating state carried burden show retrogression come close showing clear error error clear otherwise shown comparison proposed plan description state districts provided census ante census irrelevant census precedent confirms uncertain terms issue purposes whether georgia proposed plan retrogressive effect years ago question whether proposed plan retrogressive see reno bossier parish school baseline status quo proposed changed holder hall plurality opinion baseline comparison present definition existing status city lockhart proper comparison new system system actually effect cf determining change retrogressive attorney general make comparison based conditions existing time submission assumption proper analysis may proceed basis obsolete data superseded census thus puzzling unprecedented also invitation perverse results state carry burden merely showing retrogression state affairs years ago demand preclearance plan flatly diminishing minority voting strength final effort demonstrate georgia plan nonretrogressive focuses statistics georgia democrats ante explains almost districts proposed plan bvap likely overall democratic performance concludes hese statistics make likely matter fact black voters constitute effective voting bloc ibid degree statistics support judgment effect black voting state senate elections doubtful even assumptions statistics show clear error district doubt numbers state senate elections enough know majority figures taken table describing democratic voting statewide local elections offers basis assuming voting democratic candidates statewide elections correlates voting behavior local fact record points different identical voting patterns district specifically noted expert testified african american candidates consistently received less crossover voting local election statewide elections supp concluded compelling evidence racial voting patterns state senate races expected differ racial voting patterns statewide races even assume data democratic voting statewide tell us something useful democratic voting state senate districts argument hold proceeds faulty premise even low bvap enough district democratic minority democrats necessarily effect candidates elected proportion nonminority democrats high enough minority group may well impact whatever democratic candidate selected run ultimately elected districts say minority voters democrats nonminority democrats democratic candidate obvious need take interests minority group account everybody votes proportion constant throughout electorate democrat win general election without minority support even situation democratic candidate needs substantial fraction minority voters win say population minority nonminority democrats democratic candidate may still able ignore minority interests ideological polarization major parties republican candidate entirely unresponsive minority interests situation minority bloc presumably still prefer democrat need adjust political positions get minority vote reasoning course carries whiff lamp know georgia voters actually behave percentage something maybe arguing numerical abstractions sole point abstract arguments hold much less prove district wrong iv section enacted address abstractions enacted shift advantage time inertia perpetrators evil victim beer quoting pp state georgia made subject requirement preclearance congress reason suppose might try evade remedies voting discrimination thus justifies uncommon exercise congressional power south carolina katzenbach section addressed burden prove retrogression carried evidence particular populations voters probably act circumstances live state burden convince basis evidence district considered evidence received testimony decided worth concluded trier fact state failed carry burden error respectfully dissent footnotes georgia submitted slightly different figures regarding black voting age population district differing figures depend upon whether total number blacks includes people black member another minority group hispanic georgia counts group people like district consider record information including total black population black registration numbers black voting age population numbers supp dc focus particular georgia black voting age population numbers case parties rely extent georgia used black voting age population numbers enacted senate plan moreover count persons identify black counts say black say black white count say black member another minority group using numbers may relevance case involves comparison different minority groups cf johnson de grandy bush vera however case involves examination one minority group effective exercise electoral franchise circumstances believe proper look individuals identify black dissent summarily rejects inquiry benchmark plan using census numbers effect time redistricting plan passed see post yet think relevant examine new plan differs benchmark plan originally enacted legislature inquiry revolves around change previous plan census numbers far irrelevant post rather examining benchmark plan census numbers effect time state enacted plan comports principle reynolds sims progeny decennial census numbers released must redistrict account changes shifts population new census operate legal fiction even years later plans constitutionally apportioned new enumeration districting plan likely legally enforceable challenged given shifts changes population years state redistricted response new census figures federal ensure districts comply mandate next election see branch smith lawyer department justice growe emison footnotes district correctly recognized state bears burden proof establishing proposed redistricting plan satisfied standards see supp dc look state explain retrogression present see also reno bossier parish school covered jurisdiction bears burden proving change purpose effect denying abridging right vote account race color internal quotation marks omitted section imposes upon covered jurisdiction difficult burden proving absence discriminatory purpose effect reno bossier parish school specific context covered jurisdiction burden persuasion cf beer congress passing sought freez election procedures covered areas unless changes shown nondiscriminatory internal quotation marks omitted indeed plans approved district georgia state house plan supp congressional plan interim plan approved state senate supp dc included decreases bvap particular districts majority cites district comment evidence extremely limited scope focusing three contested districts state senate plan ante quoting supp district correctly require prove plan retrogressive district explained ltimately burden proof matter lies state look state explain retrogression present prove absence racially polarized voting might diminish african american voting strength light several districts decreased bvaps fact premises analysis bvap alone ironic given incorrectly chastises district committing error engages fail ing consider relevant factors ante though acknowledge discussion georgia likely met burden ante even claim disputed district explained number senate districts majorities bvap according georgia calculations increase twelve thirteen according attorney general interpretation census data number decrease twelve eleven supp example covered jurisdiction two districts rapidly changing demography produced two ensuing decade new redistricting plan setting number districts three conclusively rule retrogression calculus case even voting behavior showed nothing short four districts preserve status quo even majority wanted rely figures make claim democratic voting statewide elections predictors nificance utterly unclear majority pulls figures exhibit titled political data report column labeled overdemvotes record doc pl exh see ante document provides information regarding whether numbers column reflect average past performance prediction future performance something else altogether