hunt
governor
north
carolina
et
al
cromartie
et
argued
november
decided
april
found
north
carolina
legislature
violated
constitution
using
race
predominant
factor
drawing
twelfth
congressional
district
boundaries
shaw
hunt
state
redrew
boundaries
district
subsequently
granted
appellees
summary
judgment
finding
new
boundaries
also
created
racial
considerations
dominating
others
reversed
finding
genuine
issue
material
fact
whether
evidence
consistent
objective
constitutional
political
objective
creating
safe
democratic
seat
hunt
cromartie
among
things
relied
evidence
proposed
submitted
appellants
conclude
state
voters
overwhelmingly
voted
democratic
one
easily
distinguish
legislative
effort
create
district
legislative
effort
create
safely
democratic
one
data
showing
voter
registration
indicate
voters
actually
vote
data
actual
behavior
affect
litigation
outcome
remand
district
held
trial
legislature
used
race
driven
criteria
drawing
boundaries
based
conclusion
three
findings
district
shape
splitting
towns
counties
heavily
voting
population
considered
found
summary
judgment
inappropriate
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finding
legislature
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boundaries
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precincts
high
racial
rather
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identification
held
district
conclusion
state
violated
equal
protection
clause
drawing
boundaries
based
clearly
erroneous
findings
pp
issue
evidentiary
whether
adequate
support
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finding
race
rather
politics
drove
legislature
districting
decision
attacking
district
demanding
burden
proof
show
facially
neutral
law
unexplainable
grounds
race
cromartie
supra
underlying
districting
decision
falls
within
legislature
sphere
competence
miller
johnson
courts
must
exercise
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caution
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one
especially
state
articulated
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explanation
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population
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race
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cromartie
supra
review
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findings
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error
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extensive
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district
findings
warranted
intermediate
review
trial
lengthy
key
evidence
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primarily
documents
expert
testimony
credibility
evaluations
played
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pp
critical
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bush
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registration
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time
case
white
registered
democrats
vote
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often
register
vote
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time
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legislature
trying
secure
safe
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seat
placing
reliable
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precincts
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district
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district
containing
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racial
reasons
second
evidence
appellees
expert
weber
pointed
reliably
democratic
voting
population
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create
safe
democratic
seat
district
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plans
created
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conclusion
also
portions
weber
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undercut
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district
accepting
contrary
conclusion
appellants
expert
peterson
far
record
reveals
reject
much
significant
supporting
factual
information
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showed
democratic
voters
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district
boundaries
drawn
include
reliable
democrats
fourth
statement
racial
balance
made
senator
cooper
legislative
redistricting
leader
shows
legislature
considered
race
along
partisan
geographic
considerations
says
little
whether
race
played
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sent
gerry
cohen
legislative
staff
member
responsible
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plans
offers
support
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conclusion
less
persuasive
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direct
evidence
found
significant
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cases
fifth
appellees
maps
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behavior
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tend
refute
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race
politics
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pp
modicum
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conclusion
cohen
senator
cooper
statement
aspects
weber
testimony
taken
together
show
racial
considerations
predominated
boundaries
drawing
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case
correlates
closely
political
behavior
districts
issue
racial
identification
correlates
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political
affiliation
party
attacking
boundaries
must
show
least
legislature
achieved
legitimate
political
objectives
alternative
ways
comparably
consistent
traditional
districting
principles
alternatives
brought
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greater
racial
balance
appellees
failed
make
showing
district
contrary
findings
clearly
erroneous
pp
reversed
breyer
delivered
opinion
stevens
souter
ginsburg
joined
thomas
filed
dissenting
opinion
rehnquist
scalia
kennedy
joined
james
hunt
governor
north
carolina
et
appellants
martin
cromartie
et
al
alfred
smallwood
et
appellants
martin
cromartie
et
al
appeals
district
eastern
district
north
carolina
april
justice
breyer
delivered
opinion
appeal
review
district
determination
north
carolina
legislature
used
race
predominant
factor
drawing
congressional
district
boundaries
findings
view
clearly
erroneous
therefore
reverse
conclusion
state
violated
equal
protection
clause
amdt
racial
districting
litigation
us
fourth
time
first
two
holdings
addressed
north
carolina
former
congressional
district
one
two
north
carolina
congressional
districts
drawn
contained
majority
voters
see
shaw
reno
shaw
shaw
hunt
shaw
ii
shaw
considered
whether
plaintiffs
factual
allegation
legislature
drawn
former
district
boundaries
reasons
true
underlie
legal
holding
legislature
violated
equal
protection
clause
held
wrote
violation
may
exist
legislature
boundary
drawing
though
race
neutral
face
nonetheless
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effort
separate
voters
different
districts
basis
race
separation
lacks
sufficient
justification
shaw
ii
reversed
subsequent
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holding
law
question
violate
constitution
found
district
unconventional
snakelike
shape
way
boundaries
split
towns
counties
predominately
racial
history
together
demonstrated
deliberate
effort
create
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compromised
simply
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designed
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democratic
incumbents
concluded
legislature
use
racial
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holding
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redrawn
hunt
cromartie
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judge
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granted
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judgment
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used
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app
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statement
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conclusion
upon
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material
facts
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boundaries
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district
split
counties
cities
particular
placed
almost
heavily
predominantly
voting
precincts
inside
district
locating
heavily
predominantly
white
precincts
outside
district
latter
circumstance
said
showed
legislature
trying
maximize
new
district
voting
strength
district
democratic
voting
strength
ibid
reversed
agreed
district
new
district
shape
way
split
towns
counties
heavily
voting
population
helped
plaintiffs
case
neither
evidence
coupled
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registration
sufficient
show
summary
judgment
unconstitutional
objective
plaintiffs
claimed
genuine
issue
material
fact
whether
evidence
also
consistent
constitutional
political
objective
namely
creation
safe
democratic
seat
pointed
affidavit
expert
witness
defendants
david
peterson
peterson
offered
show
north
carolina
voters
overwhelmingly
democratic
voters
one
easily
distinguish
legislative
effort
create
district
legislative
effort
create
safely
democratic
district
also
provided
data
showing
registration
indicate
voters
actually
vote
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showing
voters
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behave
data
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voters
registered
affect
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litigation
ibid
concluded
case
suited
summary
disposition
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district
remand
parties
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discovery
district
held
trial
held
dissent
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unconstitutionally
drawn
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boundaries
found
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tried
cur
previous
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defects
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plan
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partisan
balance
state
congressional
delegation
app
juris
statement
added
achieve
second
goal
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drew
new
plan
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two
incumbents
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core
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districts
ibid
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assembly
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cities
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population
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inappropriate
cromartie
supra
also
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specific
finding
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considered
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boundaries
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upon
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twelfth
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also
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expert
weber
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time
race
trumped
party
affiliation
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district
political
explanations
utterly
failed
explain
composition
district
peterson
testimony
unreliable
relevant
citing
testimony
weber
legislative
redistricting
leader
senator
roy
cooper
alluded
time
redistricting
need
racial
partisan
balance
ibid
senate
redistricting
coordinator
gerry
cohen
sent
senator
cooper
reporting
cooper
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black
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need
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intervenors
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shaw
later
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proof
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one
miller
johnson
concurring
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claim
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create
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vera
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cromartie
also
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clear
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ordinarily
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miller
hence
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must
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judgment
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balance
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interests
courts
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lines
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emphasis
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vidence
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prove
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consumers
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critical
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affiliation
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carolina
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second
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senator
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cohen
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infra
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carolina
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evidence
indicate
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evidence
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show
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leader
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committee
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cohen
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cooper
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leslie
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legislative
agenda
drafter
plans
senators
charge
legislative
redistricting
computer
capability
draw
district
race
statements
made
senator
cooper
legislature
going
able
avoid
shaw
trigger
ending
short
app
juris
statement
combination
indirect
evidence
evidence
ample
enough
support
district
finding
purposes
clear
error
review
drafter
redistricting
plans
reported
bluntest
terms
moved
greensboro
black
community
district
need
take
district
app
certainly
district
entitled
believe
drafter
targeting
voters
shifting
district
boundaries
purely
basis
race
tries
belittle
import
evidence
noting
discuss
blacks
targeted
see
ante
however
district
assigned
task
determining
whether
race
predominated
see
inquiry
sufficient
answer
constitutional
question
racial
gerrymandering
offends
constitution
whether
motivation
malicious
benign
defense
legislature
merely
may
drawn
district
based
stereotype
blacks
reliable
democratic
voters
regardless
whether
tended
show
legislature
operating
even
stronger
racial
motivation
drawing
district
drawing
district
cf
ante
convinced
district
permissibly
accorded
great
weight
direct
evidence
racial
motive
surely
decision
racially
motivated
even
another
decision
also
racially
motivated
district
might
reached
conclusion
evidence
taken
together
show
racial
considerations
predominated
drawing
district
boundaries
ante
trier
fact
role
weigh
evidence
first
instance
question
decide
whether
district
finding
racial
predominance
clearly
erroneous
light
direct
evidence
racial
motive
inferences
may
drawn
circumstantial
evidence
satisfied
district
finding
permissible
even
compelled
record
footnotes
together
smallwood
et
al
cromartie
et
also
appeal
footnotes
despite
citation
bose
consumers
union
ante
read
opinion
suggest
predominant
factor
inquiry
like
actual
malice
inquiry
bose
reviewed
de
novo
constitutional
fac
miller
johnson
shaw
hunt
bose
cites
support
discounting
clear
error
review
ante
state
likelihood
appellate
rely
presumption
correctness
factual
findings
tends
increase
trial
judges
lived
controversy
weeks
months
instead
hours
unclear
however
bearing
statement
fact
appellate
courts
defer
factual
findings
often
trial
long
understanding
scope
clear
error
review
bose
held
lower
actual
malice
finding
must
reviewed
de
novo
see
clear
error
review
must
calibrated
length
trial
assume
district
goal
protecting
incumbents
legitimate
even
individuals
incumbents
virtue
election
unconstitutional
racially
gerrymandered
district
doubt
assumption
questionable
proposition
issue
presented
action
however
read
opinion
addressing
think
necessary
impose
new
burden
appellees
show
districting
alternatives
brought
significantly
greater
racial
balance
ante
say
impermissible
conclude
race
predominated
action
even
slightly
better
district
drawn
absent
racial
considerations
district
may
reasonably
found
racial
motivations
predominated
selecting
one
alternative
another
even
net
effect
racial
balance
significant
weber
admitted
first
concluded
race
motivating
factor
mistaken
impression
legislature
computer
program
provided
racial
political
data
finds
admission
undercut
validity
weber
conclusions
see
ibid
although
district
found
impression
sufficiently
significant
assumption
weber
analysis
conclusions
drawn
analysis
suspect
required
matter
logic
reasonably
believed
false
impression
little
statistical
analysis
largely
responsible
weber
conclusions
addition
discounts
weber
testimony
express
ed
disdain
process
cautioned
courts
respect
ibid
weber
openly
state
believes
best
districts
seen
drawn
judges
legislatures
app
however
whether
weber
simply
stating
conclusions
reached
experience
expressing
feeling
contempt
toward
legislature
precisely
kind
tone
demeanor
bias
determination
even
acknowledges
left
factfinder
cf
ante
also
criticizes
weber
testimony
precinct
split
racially
motivated
proposed
alternative
precinct
moved
district
apparently
believes
obvious
republican
incumbent
district
wanted
whole
precinct
district
see
ante
addresses
part
weber
alternative
districts
drawn
fashion
weber
explained
alternative
simply
move
precinct
district
alternative
also
include
moving
reliably
democratic
precincts
district
district
presumably
satisfied
incumbent
app
move
result
keeping
precinct
intact
also
widening
corridor
eastern
western
portions
district
thereby
increasing
functional
contiguity
criticism
moving
precinct
district
work
simply
red
herring
weber
talked
moving
precinct
district
moving
precinct
district
course
considering
district
never
constitutionally
drawn
weber
criticism
problem
district
lies
edges
core
without
force
also
relied
statement
legislative
redistricting
leader
senator
cooper
north
carolina
legislature
see
app
juris
statement
senator
mentioned
goals
geographical
political
racial
balance
app
isolation
statement
appear
support
finding
race
motive
unlike
however
district
advantage
listening
watching
senator
cooper
testify
therefore
position
question
likely
analysis
although
senator
cooper
mentioned
three
motives
predominance
race
apparent
determination
made
reasonable
fact
district
found
senator
claim
regarding
happenstance
final
composition
district
lack
credibility
light
app
juris
statement