abrams
et
al
johnson
et
argued
december
decided
june
electoral
district
lines
georgia
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delegation
second
time
appeal
taken
district
rulings
determinations
remand
miller
johnson
affirmed
finding
state
eleventh
district
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supp
affirmed
kennedy
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opinion
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scalia
thomas
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breyer
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dissenting
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stevens
souter
ginsburg
joined
notice
opinion
subject
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revision
publication
preliminary
print
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appellants
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johnson
et
al
appellant
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district
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district
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justice
kennedy
delivered
opinion
electoral
district
lines
georgia
congressional
delegation
us
second
time
appeal
taken
trial
rulings
determinations
remand
miller
johnson
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judge
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miller
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session
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august
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appendix
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hereinafter
appendix
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plan
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eleventh
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meggers
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miller
johnson
assertions
appellees
point
testimony
meggers
director
reapportionment
services
georgia
general
assembly
second
majority
black
district
originally
designed
concession
justice
department
max
black
policy
presented
proposed
map
eleventh
district
initial
response
office
ridiculous
said
make
sense
said
maybe
may
get
trouble
justice
department
draw
like
think
main
reason
originally
drawn
tr
meggers
referred
understanding
leadership
legislature
black
caucus
second
majority
black
district
created
testimony
several
legislators
indicated
understanding
arrived
shadow
justice
department
max
black
goal
policies
give
way
racial
consideration
robert
hanner
chairman
house
reapportionment
committee
indicated
testimony
sonny
dixon
member
house
reapportionment
committee
confirmed
account
said
legislators
felt
pressure
justice
department
create
possible
majority
black
districts
thomas
murphy
speaker
georgia
house
representatives
said
deposition
initial
reapportionment
plan
based
least
perceived
direction
instructions
justice
department
deposition
thomas
murphy
record
see
also
evidence
refers
development
original
legislative
plan
precleared
plan
thus
undermines
contention
legislature
original
plan
controlling
district
strong
support
finding
second
majority
black
district
georgia
unprecleared
plan
resulted
substantial
part
justice
department
policy
creating
maximum
number
majority
black
districts
justice
department
interference
per
se
concern
rather
fact
justice
department
pressure
led
state
act
based
overriding
concern
race
given
background
problematic
trial
insist
retaining
second
majority
black
district
without
regard
neutral
districting
factors
trial
adopt
course
instead
gave
careful
consideration
creation
second
black
district
grounds
black
voting
population
one
factor
drawing
district
concluded
draw
second
majority
black
district
without
allowing
one
consideration
predominate
traditional
neutral
districting
principles
principles
valid
expression
legislative
policy
ample
basis
record
support
conclusions
plan
demonstrated
second
majority
black
district
drawn
satisfying
constitutional
requirement
race
predominate
traditional
districting
principles
district
said
opinion
georgia
concentrated
minority
population
large
enough
create
second
majority
minoritydistrict
without
subverting
traditional
districting
principles
included
one
since
georgia
legislature
probably
done
statements
several
witnesses
support
trial
independent
conclusion
possible
meggers
testified
unless
race
predominant
motive
second
majority
black
district
drawn
georgia
tr
speaker
murphy
doubted
seriously
second
majority
black
district
drawn
georgia
without
violating
principles
laid
miller
deposition
record
found
unprecleared
plan
shared
many
constitutional
defects
precleared
plan
among
things
connected
south
dekalb
county
urban
black
population
mainly
rural
east
georgian
minority
population
indeed
eleventh
district
plan
many
respects
almost
geographical
monstrosity
became
precleared
plan
aclu
plans
introduced
remedial
hearing
selwyn
carter
employee
atlanta
based
private
southern
regional
council
whose
job
draw
advocate
reapportionment
plans
across
south
carter
said
basic
goal
preparing
plans
show
possible
draw
plan
african
american
voters
comprise
approximately
percent
voting
age
population
district
time
show
race
factor
tr
least
change
plan
aclu
numerous
flaws
besides
high
population
deviation
discussed
eleventh
district
iguana
like
shape
betraying
invidious
purpose
condemned
miller
two
plans
close
trial
terms
population
deviation
abrams
justice
department
illustrativeplan
abrams
three
majority
black
districts
splits
nine
counties
second
district
three
eleventh
well
numerous
counties
different
parts
state
twisted
shapes
second
eleventh
districts
bear
witness
racial
motivation
illustrative
plan
splits
bibb
county
county
never
split
apportionment
plans
subsume
macon
black
population
although
justice
department
submitted
plan
close
evidence
consequence
demographer
cross
examined
question
racial
motivation
district
recognized
apparent
racial
impetus
indeed
justice
department
acknowledged
racial
motivation
oral
argument
tr
oral
arg
justice
department
also
suggested
proper
split
bibb
county
mayor
city
council
macon
supported
splitting
county
city
different
districts
macon
alleged
urge
segregated
congressional
districting
purposes
however
vitiate
equal
protection
rights
eleventh
district
objecting
voters
interference
justice
department
leading
state
legislature
act
based
overriding
concern
race
disturbed
sound
basis
defer
unprecleared
plan
unconstitutional
predominance
race
provenance
second
eleventh
districts
precleared
plan
caused
improper
departure
points
proposals
either
two
three
majority
black
districts
plans
urged
upon
trial
remedy
phase
flawed
evidence
predominant
racial
motive
design
circumstances
trial
acted
well
within
discretion
deciding
draw
two
majority
black
districts
without
engaging
racial
gerrymandering
ordered
plan
violative
voting
rights
act
reject
appellants
contrary
position
premised
impermissible
vote
dilution
failure
create
second
majority
black
district
section
voting
rights
act
applies
voting
qualification
prerequisite
voting
standard
practice
procedure
imposed
applied
state
political
subdivision
face
apply
ordered
remedial
redistricting
plan
assume
courts
comply
section
exercising
equitable
powers
redistrict
violation
occurs
shown
political
processes
leading
nomination
election
state
political
subdivision
equally
open
participation
members
racial
minority
members
less
opportunity
members
electorate
participate
political
process
elect
representatives
choice
decision
thornburg
gingles
set
basic
framework
establishing
vote
dilution
claim
large
multimember
districts
since
extended
framework
single
member
districts
growe
emison
plaintiffs
must
show
three
threshold
conditions
first
minority
group
sufficiently
large
geographically
compact
constitute
majority
single
member
district
second
minority
group
politically
cohesive
third
majority
votes
sufficiently
bloc
enable
defeat
minority
preferred
candidate
plaintiffs
establish
conditions
considers
whether
totality
circumstances
minorities
denied
equal
opportunity
participate
political
process
elect
representatives
choice
trial
found
create
second
majority
black
district
georgia
require
subordinating
georgia
traditional
districting
policies
allowing
race
predominate
considered
determination
discussion
concluded
well
founded
race
predominant
motive
creating
districts
strict
scrutiny
applies
bush
vera
slip
districting
plan
must
narrowly
tailored
serve
compelling
governmental
interest
order
survive
assumed
without
deciding
compliance
compelling
state
interest
see
slip
miller
johnson
slip
strong
basis
evidence
shaw
reno
internal
quotation
marks
omitted
conclude
vote
dilution
violation
occur
consequence
plan
fact
none
three
gingles
factors
threshold
findings
vote
dilution
claim
established
see
bush
supra
slip
district
found
without
clear
error
black
population
sufficiently
compact
second
majority
black
district
first
gingles
factors
satisfied
noted
require
state
create
predominantly
racial
lines
district
reasonably
compact
johnson
de
grandy
compactness
inquiry
take
account
traditional
districting
principles
maintaining
communities
interest
traditional
boundaries
bush
supra
slip
trial
also
found
second
third
gingles
factors
extent
racially
polarized
voting
wanting
eleventh
district
inquiry
thedistrict
found
justify
drawing
racial
lines
discussed
evidence
racial
polarization
great
length
found
statistical
evidence
part
inconclusive
conflicting
state
expert
joseph
katz
convincing
refutation
allan
lichtman
expert
found
significant
degree
crossover
voting
georgia
eleventh
district
record
fail
ed
demonstrate
chronic
bloc
voting
found
average
percentage
whites
voting
black
candidates
across
georgia
ranged
average
percentage
blacks
voting
white
candidates
ranged
noted
lack
black
preferred
candidates
georgia
achieved
many
electoral
victories
local
statewide
elections
received
significant
occasionally
overwhelming
support
black
white
voters
within
eleventh
congressional
district
results
democratic
primary
eleventh
district
suggested
general
willingness
white
voters
vote
black
candidates
black
candidates
primary
received
white
vote
cynthia
mckinney
black
runoff
white
white
vote
inquiry
concerning
second
district
remedy
appellants
relied
exclusively
eleventh
district
trial
record
remedy
hearing
district
reaffirmed
earlier
findings
cited
additional
evidence
crossover
voting
hearing
concerning
second
district
meggers
stated
election
results
district
indicated
significant
white
crossover
voting
representative
sanford
bishop
black
congressman
elected
second
district
agreed
tr
appellants
take
issue
district
assessment
level
white
crossover
voting
argue
event
level
polarization
district
found
sufficient
satisfy
gingles
threshold
circumstances
say
district
clearly
erred
finding
insufficient
racial
polarization
voting
meet
gingles
requirements
results
general
elections
tend
support
district
earlier
finding
general
willingness
white
voters
vote
black
candidates
three
black
incumbents
elections
plan
two
majority
white
districts
running
white
candidates
gingles
indicated
incumbency
special
circumstanc
taken
account
evaluating
racial
bloc
voting
case
black
candidates
success
two
majority
white
districts
quite
different
previous
districts
testimony
general
willingness
whites
vote
blacks
results
also
underscore
weakness
justice
department
methodology
calculating
likelihood
black
preferred
candidate
winning
based
strict
racial
percentages
brief
justice
department
predicted
black
preferred
candidate
likely
foreclosed
winning
plan
tenth
district
result
follow
even
clearly
fourth
district
black
voting
age
population
fact
representative
mckinney
fourth
district
appellants
argue
district
findings
inconsistent
owed
deference
since
held
required
maintenance
majority
black
fifth
district
creation
new
majority
black
district
district
found
black
population
thefifth
district
sufficiently
compact
urban
minority
population
sufficiently
strong
community
interest
warrant
majority
minority
district
also
said
probability
electing
candidate
percentage
black
registered
voters
therefore
percentage
black
registered
voters
kept
close
possible
fifth
district
district
noted
however
uncomfortable
using
percentages
registered
voters
rather
voting
age
population
since
essence
condones
voter
apathy
made
explicit
findings
differences
racial
polarization
voting
fifth
eleventh
districts
agree
district
maintenance
fifth
district
majority
black
district
indicates
findings
reference
districts
conflicting
entitled
deference
district
noted
maintenance
majority
black
district
atlanta
area
created
compliance
voting
rights
become
state
districting
policy
possible
although
express
opinion
subject
changing
racial
majority
district
violated
retrogression
principles
private
appellants
also
argue
deference
due
district
finding
hold
separate
hearing
whether
remedial
plan
violated
barred
private
intervention
defend
constitutionality
second
district
agree
first
neither
precedents
act
require
hold
separate
hearing
adequacy
remedial
plan
second
private
defendant
intervenors
ample
opportunity
present
evidence
need
second
majority
black
district
remedy
hearing
whichthey
fully
participated
finding
appellants
shown
threshold
gingles
factors
violation
owed
deference
find
clearly
erroneous
private
appellants
contend
district
plan
also
violates
voting
rights
act
although
justice
department
include
claim
jurisdictional
statement
agrees
private
appellants
briefed
issue
noted
requires
covered
jurisdictions
obtain
either
administrative
preclearance
attorney
general
approval
district
district
columbia
change
standard
practice
procedure
respect
voting
requires
proposed
change
purpose
effect
denying
abridging
right
vote
account
race
color
explained
purpose
always
insure
voting
procedure
changes
made
lead
retrogression
position
racial
minorities
respect
effective
exercise
electoral
franchise
beer
question
arises
whether
decree
subject
held
decree
district
within
reach
section
voting
rights
act
must
precleared
connor
johnson
per
curiam
exception
applies
judicial
plans
devised
plans
submitted
legislature
covered
jurisdiction
response
determination
unconstitutionality
mcdaniel
sanchez
district
made
clear
devised
plan
proposition
dispute
sanchez
emphasizedlanguage
senate
committee
report
saying
although
preclearance
apply
devised
plans
fashioning
plan
follow
appropriate
section
standards
including
body
administrative
judicial
precedents
developed
section
cases
quoting
reasonable
standard
least
equitable
factor
take
account
statutory
mandate
appellants
however
difficulty
fixing
benchmark
measure
retrogression
private
appellants
say
benchmark
either
state
initial
plan
containing
two
majority
black
districts
state
policy
goal
creating
two
majority
black
districts
brief
appellants
justice
department
part
contends
proper
benchmark
precleared
plan
altered
cure
constitutional
defects
noted
discussions
upham
appellants
demonstrated
possible
create
second
majority
black
district
within
constitutional
bounds
even
accept
one
proposed
benchmarks
desired
remedy
unconstitutional
happens
none
appellants
proposed
benchmarks
appropriate
private
appellants
first
proposal
effect
georgia
refused
preclearance
thus
operate
benchmark
attorney
general
regulations
determining
whether
submitted
change
retrogressive
attorney
general
normally
compare
submitted
change
voting
practice
procedure
effect
time
submission
existing
practice
procedure
upon
submission
effect
jurisdiction
applicable
date
coverage
otherwise
legally
enforceable
section
serve
abenchmark
comparison
shall
last
legally
enforceable
practice
procedure
used
jurisdiction
cfr
appropriate
benchmark
fact
district
concluded
plan
effect
decade
appellants
shown
black
voters
particular
district
suffered
retrogression
voting
strength
plan
measured
plan
absent
proof
violation
reject
appellants
assertion
even
using
plan
benchmark
plan
retrogressive
claim
plan
one
ten
districts
majority
black
district
plan
one
eleven
districts
majority
black
therefore
blacks
thesame
electoral
opportunities
district
plan
logic
time
state
majority
minority
district
allowed
add
one
new
district
population
growth
majority
minority
voting
rights
act
require
finally
appellants
contend
district
plan
violates
constitutional
guarantee
one
person
one
vote
article
provision
requires
congressional
districts
achieve
population
equality
nearly
practicable
wesberry
sanders
ordered
districts
held
higher
standards
population
equality
legislative
ones
ordered
plan
ordinarily
achieve
goal
population
equality
little
de
minimis
variation
chapman
meier
connor
finch
district
designing
districts
remedy
one
person
one
vote
violation
courts
keep
mind
absolute
population
equality
paramount
objective
karcher
daggett
slight
deviations
allowed
certain
circumstances
chapman
supra
plan
deviation
approximate
population
equality
must
supported
enunciation
historically
significant
state
policy
unique
features
connor
supra
karcher
supra
number
consistently
applied
legislative
policies
might
justify
variance
including
instance
making
districts
compact
respecting
municipal
boundaries
preserving
cores
prior
districts
avoiding
contests
incumbent
help
interpreting
follows
explain
terms
overall
population
deviation
difference
inpopulation
two
districts
greatest
disparity
average
population
deviation
average
districts
deviation
perfect
one
person
one
vote
allocation
population
allocation
georgia
perfect
district
people
according
census
data
district
plan
overall
population
deviation
average
deviation
plan
lower
deviation
plan
overall
deviation
average
deviation
plan
plan
presented
otherwise
constitutionally
defective
private
appellants
amici
fact
proposed
plans
much
higher
deviations
aclu
least
change
plan
overall
population
deviation
abrams
overall
deviation
lewis
gingrich
amici
plan
came
last
place
overall
deviation
plans
lower
overall
deviations
plan
justice
department
illustrative
plan
aclu
abrams
whose
constitutional
infirmities
discussed
district
recited
detail
state
policies
conditions
support
plan
slight
deviations
explained
georgia
strong
historical
preference
splitting
counties
outside
atlanta
area
splitting
precincts
observed
splitting
precincts
unavoidable
cobb
county
noncontiguous
annexation
patterns
split
precincts
clayton
county
achieve
lower
population
deviations
acknowledged
maintaining
political
subdivisions
alone
enough
justify
less
perfect
deviation
plan
see
kirkpatrick
preisler
notfind
legally
acceptable
argument
variances
justified
necessarily
result
state
attempt
avoid
fragmenting
political
subdivisions
drawing
congressional
district
lines
along
existing
county
municipal
political
subdivision
district
conformance
standard
considered
splitting
counties
outside
atlanta
area
found
factors
unique
georgia
weighed
see
chapman
supra
included
maintaining
core
districts
communities
interest
georgia
unusually
high
number
counties
greatest
number
state
union
apart
much
larger
texas
small
counties
represent
communities
interest
much
greater
degree
common
agree
district
proliferation
provides
ample
building
blocks
acceptable
voting
districts
without
chopping
blocks
half
case
even
found
plan
population
deviation
unacceptable
solution
adoption
constitutionally
infirm
race
based
plans
appellants
indeed
oral
argument
private
appellants
acknowledged
remedy
one
person
one
vote
violation
creation
second
majority
black
district
tr
oral
arg
rather
require
minor
changes
plan
shiftings
precincts
even
districts
greatest
deviations
exercise
however
appellant
objections
plan
slight
population
deviations
increasingly
futile
six
years
last
census
appellants
data
based
difference
plan
average
deviation
illustrative
plan
represents
people
perfect
districtpopulation
population
georgia
stood
still
georgia
one
fastest
growing
continues
undergo
population
shifts
changes
dept
commerce
bureau
census
statistical
abstract
table
showing
georgia
tied
seventh
place
among
percentage
population
growth
growth
light
changes
tinkerings
appellants
propose
reflect
georgia
true
population
distribution
event
karcher
explaining
absolute
equality
standard
acknowledged
census
data
perfect
population
counts
particular
localities
outdated
long
completed
karcher
written
two
years
previous
census
however
six
years
one
magnitude
population
shifts
since
census
far
greater
likely
karcher
equitable
considerations
disfavor
requiring
yet
another
reapportionment
correct
deviation
task
redistricting
best
left
state
legislatures
elected
people
capable
courts
balancing
myriad
factors
traditions
legitimate
districting
policies
legislative
process
first
distorted
unable
reach
solution
district
left
embark
delicate
task
limited
legislative
guidance
careful
take
account
traditional
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miller
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georgia
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morris
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reconstruction
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pp
mcdonald
binford
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georgia
quiet
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south
impact
voting
rights
act
pp
davidson
grofman
eds
georgia
legislature
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aware
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unfortunate
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history
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congress
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fewer
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creation
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approximately
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appendix
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second
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justicedepartment
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first
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lower
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racial
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see
appendix
infra
fact
communities
rural
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political
cohesiveness
whether
communities
share
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compactness
knowledge
case
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app
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three
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placed
appendix
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supra
reynolds
supra
gomillion
supra
thus
given
today
suit
legislator
might
reasonably
wonder
whether
ever
knowingly
place
racial
minorities
district
example
considers
part
community
already
thinks
favor
democrats
republicans
wants
help
african
american
incumbent
believes
encourage
participation
political
process
racial
minorities
historical
discrimination
induced
apathy
believes
help
voters
secure
representatives
better
reflect
needs
desires
simply
wants
see
racial
minorities
elected
office
nation
become
increasingly
diverse
said
constitution
forbids
use
race
instances
see
adarand
constructors
peña
see
also
shaw
reno
supra
miller
supra
slip
bush
supra
stevens
dissenting
slip
wygant
jackson
bd
richmond
croson
use
race
criterion
wrong
instances
legislator
need
know
legislator
need
legal
principle
tells
whether
answers
questions
vary
depending
upon
whether
group
racial
reflects
say
economics
education
national
origin
miller
supra
ginsburg
dissenting
slip
seems
particularly
difficult
without
use
guiding
limiting
principle
intent
vote
dilution
even
bizarre
district
shape
find
principled
legal
answers
redistricting
context
traditionally
political
questions
decision
also
increases
risk
significant
judicial
entanglement
inherently
political
redistricting
process
see
bush
supra
stevens
dissenting
slip
miller
supra
ginsburg
dissenting
slip
see
also
growe
emison
voinovich
quilter
chapman
meier
white
supra
reynolds
colegrove
green
test
forbids
overt
use
race
circumstances
listed
simultaneously
permit
plaintiffs
bring
lawsuits
complaining
covert
use
overtly
forbidden
redistricting
plan
generate
potentially
injured
plaintiffs
willing
able
carry
political
battles
judicial
forum
judges
unable
refer
say
intent
dilution
shape
limiting
principle
find
difficult
dismiss
claims
particularly
majority
says
law
deprives
legislature
even
defenses
reasonable
belief
particular
use
race
legally
required
find
legal
principle
might
constitute
simple
administrable
stopping
place
principle
serve
function
context
one
person
one
vote
rule
context
reapportionment
see
miller
supra
ginsburg
dissenting
slip
simple
color
blind
test
test
rules
race
consciousness
across
board
work
bush
supra
souter
dissenting
slip
legislators
andshould
use
race
consciously
prevent
creating
districting
plans
discriminate
racial
minorities
say
diluting
votes
cf
adarand
constructors
supra
moreover
recognizing
harm
caused
slavery
subsequent
years
legal
segregation
held
legislators
within
limits
make
conscious
use
race
effort
overcome
present
effects
past
discrimination
ibid
see
also
shaw
reno
supra
miller
slip
may
instances
well
test
applied
race
ignoring
say
religion
national
origin
place
disadvantage
group
african
americans
civil
war
amendments
sought
help
see
miller
supra
ginsburg
dissenting
slip
judicial
administration
test
applied
voter
group
characteristics
involve
courts
yet
deeply
basically
political
task
drawing
redrawing
district
boundaries
focusing
practical
considerations
repeat
previous
dissents
argued
holding
underscores
problems
mentioned
earlier
dissents
problems
turn
cast
doubt
upon
soundness
today
decision
necessarily
agree
disagree
aspects
majority
opinion
mentioned
shall
stop
main
point
perhaps
focusing
upon
considered
unreasonably
pervasive
positive
use
race
redistricting
factor
created
legal
doctrine
unreasonably
restrict
legislators
use
race
even
benign
antidiscriminatory
purposes
doctrine
draw
deeply
area
legislative
responsibility
reasons
setforth
previous
dissenting
opinions
believe
constitution
embodies
doctrine
majority
enunciates
believe
upham
requires
us
vacate
district
judgment
remand
suit
graphic
omitted
see
printed
opinion
footnotes
together
johnson
et
also
appeal