hunt
governor
north
carolina
et
al
cromartie
et
argued
january
decided
may
decided
shaw
hunt
north
carolina
twelfth
congressional
district
product
unconstitutional
racial
gerrymandering
state
enacted
new
districting
plan
believing
new
district
also
unconstitutional
appellees
filed
suit
several
state
officials
enjoin
elections
new
plan
discovery
without
evidentiary
hearing
district
granted
appellees
summary
judgment
entered
injunction
uncontroverted
material
facts
concluded
general
assembly
drawing
district
violated
fourteenth
amendment
equal
protection
clause
held
general
assembly
motivation
dispute
case
suitable
summary
disposition
laws
classifying
citizens
based
race
constitutionally
suspect
must
strictly
scrutinized
facially
neutral
law
warrants
scrutiny
proved
law
motivated
racial
purpose
object
miller
johnson
unexplainable
grounds
race
shaw
reno
assessing
jurisdiction
motivation
drawing
district
lines
complex
endeavor
requiring
inquire
available
circumstantial
direct
evidence
arlington
heights
metropolitan
housing
development
appellees
sought
prove
claim
circumstantial
evidence
viewed
toto
evidence
maps
showing
district
size
shape
alleged
lack
continuity
statistical
demographic
evidence
tends
support
inference
state
drew
district
lines
impermissible
racial
motive
summary
judgment
however
appropriate
genuine
issue
material
fact
moving
party
entitled
judgment
matter
law
legislature
motivation
factual
question
dispute
appellants
asserted
legislature
intended
make
strong
democratic
district
supported
contention
affidavits
two
state
legislators
important
expert
testified
relevant
data
supported
political
explanation
least
well
somewhat
better
racial
explanation
district
lines
accepting
political
explanation
true
district
required
ruling
appellees
summary
judgment
motion
appellees
entitled
judgment
matter
law
jurisdiction
may
engage
constitutional
political
gerrymandering
even
happens
loyal
democrats
happen
black
democrats
even
responsible
drawing
district
conscious
fact
see
bush
vera
concluding
state
enacted
districting
plan
impermissible
racial
motivation
district
either
credited
appellees
asserted
inferences
appellants
give
appellants
inference
due
event
error
resolve
disputed
fact
intent
summary
judgment
stage
summary
judgment
plaintiff
favor
racial
gerrymandering
case
may
awarded
even
claim
sought
proved
circumstantial
evidence
inappropriate
evidence
susceptible
different
interpretations
inferences
trier
fact
pp
reversed
thomas
delivered
opinion
rehnquist
scalia
kennedy
joined
stevens
filed
opinion
concurring
judgment
souter
ginsburg
breyer
joined
james
hunt
governor
north
carolina
et
al
appellants
martin
cromartie
et
al
appeal
district
eastern
district
north
carolina
may
justice
thomas
delivered
opinion
appeal
must
decide
whether
appellees
entitled
summary
judgment
claim
north
carolina
twelfth
congressional
district
established
state
congressional
redistricting
plan
constituted
unconstitutional
racial
gerrymander
violation
equal
protection
clause
fourteenth
amendment
third
time
six
years
litigation
north
carolina
twelfth
congressional
district
come
first
time
around
held
plaintiffs
whose
complaint
alleged
state
deliberately
segregated
voters
districts
basis
race
without
compelling
justification
stated
claim
relief
equal
protection
clause
fourteenth
amendment
shaw
reno
shaw
remand
affirmed
district
finding
north
carolina
district
classified
voters
race
held
state
reapportionment
scheme
narrowly
tailored
serve
compelling
interest
shaw
hunt
shaw
ii
response
decision
shaw
ii
state
enacted
new
districting
plan
see
sess
laws
ch
map
unconstitutional
district
set
forth
appendix
opinion
shaw
supra
described
follows
second
district
district
unusually
shaped
approximately
miles
long
much
length
wider
interstate
corridor
winds
snakelike
fashion
tobacco
country
financial
centers
manufacturing
areas
gobbles
enough
enclaves
black
neighborhoods
northbound
southbound
drivers
interstate
sometimes
find
separate
districts
one
county
trade
districts
enter
next
county
counties
district
passes
cut
different
districts
even
towns
divided
one
point
district
remains
contiguous
intersects
single
point
two
districts
crossing
citations
omitted
state
plan
altered
district
several
respects
measure
blacks
longer
constitute
majority
district
blacks
account
approximately
district
total
population
voting
age
population
registered
voters
app
juris
statement
new
district
splits
counties
opposed
beginning
guilford
county
district
runs
southwestern
direction
parts
forsyth
davidson
rowan
iredell
mecklenburg
counties
picking
concentrations
urban
populations
greensboro
high
point
guilford
forsyth
charlotte
mecklenburg
old
district
went
six
counties
also
included
portions
durham
orange
alamance
counties
east
guilford
parts
gaston
county
west
mecklenburg
changes
district
retains
previous
area
id
distance
farthest
points
reduced
approximately
miles
id
district
wider
shorter
retains
basic
snakelike
shape
continues
track
see
generally
appendix
infra
appellees
believed
new
district
like
old
one
product
unconstitutional
racial
gerrymander
filed
suit
district
eastern
district
north
carolina
several
state
officials
official
capacities
seeking
enjoin
elections
state
plan
parties
filed
competing
motions
summary
judgment
supporting
materials
district
heard
argument
pending
motions
either
party
conducted
discovery
without
evidentiary
hearing
one
judge
dissent
district
granted
appellees
motion
entered
injunction
sought
supp
ednc
majority
explained
uncontroverted
material
facts
showed
district
drawn
collect
precincts
high
racial
identification
rather
political
identification
heavily
democratic
precincts
bypassed
drawing
district
included
surrounding
congressional
districts
legislature
disregarded
traditional
districting
criteria
ednc
apr
app
juris
statement
uncontroverted
material
facts
district
concluded
general
assembly
redistricting
used
criteria
respect
district
facially
race
driven
ibid
thereby
violated
equal
protection
clause
fourteenth
amendment
id
apparently
issue
litigated
district
consider
whether
district
narrowly
tailored
serve
compelling
interest
state
officials
filed
notice
appeal
noted
probable
jurisdiction
reverse
ii
decisions
established
laws
classify
citizens
basis
race
including
racially
gerrymandered
districting
schemes
constitutionally
suspect
must
strictly
scrutinized
shaw
ii
supra
miller
johnson
adarand
constructors
peña
racial
classifications
explicit
inquiry
legislative
purpose
necessary
see
shaw
supra
facially
neutral
law
hand
warrants
strict
scrutiny
proved
law
motivated
racial
purpose
object
miller
supra
unexplainable
grounds
race
shaw
quoting
arlington
heights
metropolitan
housing
development
see
also
miller
supra
task
assessing
jurisdiction
motivation
however
simple
matter
contrary
inherently
complex
endeavor
one
requiring
trial
perform
sensitive
inquiry
circumstantial
direct
evidence
intent
may
available
arlington
heights
supra
see
also
miller
supra
citing
arlington
heights
shaw
supra
districting
legislation
ordinarily
always
classifies
tracts
land
precincts
census
blocks
face
north
carolina
plan
atypical
appellees
therefore
required
prove
district
drawn
impermissible
racial
motive
context
strict
scrutiny
applies
race
predominant
factor
motivating
legislature
districting
decision
carry
burden
appellees
obliged
show
using
direct
circumstantial
evidence
combination
see
shaw
ii
miller
legislature
subordinated
traditional
districting
principles
including
limited
compactness
contiguity
respect
political
subdivisions
communities
defined
actual
shared
interests
racial
considerations
ibid
appellees
offered
circumstantial
evidence
support
claim
evidence
included
maps
district
showing
size
shape
alleged
lack
continuity
see
appendix
infra
also
submitted
evidence
district
low
scores
respect
traditional
measures
compactness
expert
affidavit
testimony
explaining
statistical
evidence
proved
state
ignored
traditional
districting
criteria
crafting
new
twelfth
district
see
app
appellees
claimed
state
disrespected
political
subdivisions
communities
interest
support
pointed
plan
district
one
statewide
contain
undivided
county
offered
figures
showing
district
gathered
almost
population
mecklenburg
county
southern
tip
district
forsyth
guilford
counties
northernmost
part
district
id
appellees
also
presented
statistical
demographic
evidence
respect
precincts
included
within
district
placed
neighboring
districts
six
subdivided
counties
included
within
district
proportion
black
residents
higher
portion
county
within
district
portion
county
neighboring
district
maps
supporting
data
submitted
appellees
compared
demographics
several
boundary
segments
evidence
tended
show
several
instances
state
excluded
precincts
lower
percentage
black
population
democratic
terms
registered
voters
precinct
inside
district
id
record
doc
viewed
toto
appellees
evidence
tends
support
inference
state
drew
district
lines
impermissible
racial
motive
even
though
presented
direct
evidence
intent
summary
judgment
however
appropriate
genuine
issue
material
fact
moving
party
entitled
judgment
matter
law
see
celotex
catrett
anderson
liberty
lobby
sure
appellants
contest
evidence
district
shape
hardly
contested
claim
appellees
statistical
demographic
evidence
appears
obtained
state
data
banks
untrue
district
nevertheless
partially
correct
stating
material
facts
uncontroverted
legislature
motivation
factual
question
see
shaw
ii
supra
miller
supra
appellants
asserted
general
assembly
drew
district
lines
intent
make
district
strong
democratic
district
support
presented
affidavit
testimony
two
members
general
assembly
responsible
developing
state
plan
see
app
juris
statement
legislators
stated
crafting
districting
law
attempted
protect
incumbents
adhere
traditional
districting
criteria
preserve
existing
partisan
balance
state
congressional
delegation
composed
six
republicans
six
democrats
ibid
important
think
affidavit
expert
david
peterson
reviewed
racial
demographics
party
registration
election
result
data
number
people
voting
democratic
candidates
gleaned
state
appeals
election
lieutenant
governor
election
senate
election
precincts
included
within
district
surrounding
unlike
appellees
evidence
highlighted
select
boundary
segments
appellants
expert
examined
district
entire
border
boundary
segments
see
id
recognized
strong
correlation
racial
composition
party
preference
precincts
high
black
representation
correspondingly
high
tendency
voters
favor
democratic
party
precincts
low
black
representation
much
variation
party
preference
fraction
registered
voters
favoring
democrats
substantially
lower
id
significant
correlation
data
tended
support
political
racial
hypothesis
therefore
peterson
focused
divergent
boundary
segments
blacks
greater
inside
district
democrats
greater
outside
blacks
greater
outside
district
democrats
greater
inside
concluded
state
included
heavily
democratic
precinct
much
often
heavily
black
precinct
therefore
data
whole
supported
political
explanation
least
well
somewhat
better
racial
explanation
id
see
also
id
least
one
explanation
fits
data
well
better
race
explanation
political
identification
peterson
analysis
district
divergent
boundary
segments
affidavit
testimony
district
displays
high
correlation
race
partisanship
support
inference
general
assembly
create
district
strong
partisan
democrats
affidavit
also
significant
weakens
probative
value
appellees
boundary
segment
evidence
district
appeared
give
significant
weight
see
appellees
evidence
limited
select
precincts
see
app
whereas
peterson
analyzed
boundary
segments
moreover
appellees
maps
reported
party
registration
figures
peterson
thorough
looking
also
actual
voting
results
peterson
complete
analysis
significant
showed
north
carolina
party
registration
party
preference
always
correspond
accepting
appellants
political
motivation
explanation
true
district
required
ruling
appellees
motion
summary
judgment
see
anderson
appellees
entitled
judgment
matter
law
prior
decisions
made
clear
jurisdiction
may
engage
constitutional
political
gerrymandering
even
happens
loyal
democrats
happen
black
democrats
even
state
conscious
fact
see
bush
vera
id
thomas
concurring
judgment
shaw
ii
miller
shaw
evidence
blacks
constitute
even
supermajority
one
congressional
district
amounting
less
plurality
neighboring
district
suffice
prove
jurisdiction
motivated
race
drawing
district
lines
evidence
also
shows
high
correlation
race
party
preference
course
neither
appellees
district
relied
exclusively
appellees
boundary
segment
evidence
appellees
submitted
evidence
tending
show
general
assembly
motivated
racial
considerations
drawing
district
notably
district
shape
lack
compactness
ruling
motion
summary
judgment
nonmoving
party
evidence
believed
justifiable
inferences
drawn
party
favor
anderson
supra
appellees
evidence
might
allow
district
find
state
acted
impermissible
racial
motivation
despite
state
explanation
supported
peterson
affidavit
require
said
record
us
motivation
dispute
reasonable
inferences
undisputed
facts
drawn
favor
racial
motivation
finding
favor
political
motivation
finding
district
nevertheless
concluded
race
predominant
factor
drawing
district
either
credited
appellees
asserted
inferences
advanced
supported
appellants
give
appellants
inference
due
event
error
case
district
resolve
disputed
fact
motivation
summary
judgment
stage
cf
liberty
lobby
credibility
determinations
weighing
evidence
drawing
legitimate
inferences
facts
jury
functions
outright
admissions
impermissible
racial
motivation
infrequent
plaintiffs
often
must
rely
upon
evidence
summary
judgment
favor
party
burden
persuasion
however
inappropriate
evidence
susceptible
different
interpretations
inferences
trier
fact
say
summary
judgment
plaintiff
favor
never
appropriate
racial
gerrymandering
case
sought
proved
exclusively
circumstantial
evidence
imagine
instance
uncontroverted
evidence
reasonable
inferences
drawn
nonmoving
party
favor
significantly
probative
create
genuine
issue
fact
trial
id
case
even
question
whether
appellants
created
material
dispute
fact
close
one
think
sensitive
nature
redistricting
presumption
good
faith
must
accorded
legislative
enactments
miller
tip
balance
favor
district
making
findings
fact
see
also
id
ourts
must
also
recognize
intrusive
potential
judicial
intervention
legislative
realm
assessing
adequacy
plaintiff
showing
various
stages
litigation
determining
whether
permit
discovery
trial
proceed
reaching
decision
fully
aware
district
familiar
evidence
likewise
better
suited
assess
general
assembly
motivations
perhaps
trial
evidence
support
finding
race
state
predominant
motive
express
position
question
decide
case
suited
summary
disposition
judgment
district
reversed
ordered
map
omitted
see
printed
opinion
james
hunt
governor
north
carolina
et
al
appellants
martin
cromartie
et
al
appeal
district
eastern
district
north
carolina
may
justice
stevens
justice
souter
justice
ginsburg
justice
breyer
join
concurring
judgment
disputed
issue
fact
case
whether
political
considerations
racial
considerations
provide
primary
explanation
seemingly
irregular
configuration
north
carolina
twelfth
congressional
district
concludes
evidence
submitted
district
behalf
state
made
inappropriate
grant
appellees
motion
summary
judgment
agree
conclusion
write
separately
emphasize
importance
two
undisputed
matters
fact
firmly
established
historical
record
confirmed
record
case
first
bizarre
configuration
traditional
hallmark
political
gerrymander
obvious
proposition
supported
work
product
elbridge
gerry
swan
designed
new
jersey
republicans
see
karcher
daggett
indiana
plan
reviewed
davis
bandemer
learned
gomillion
lightfoot
racial
gerrymander
may
equally
uncouth
shape
see
thus
shape
congressional
district
issue
case
provides
strong
evidence
either
political
racial
factors
motivated
architects
sheds
light
question
set
factors
responsible
subordinating
state
traditional
districting
principles
second
presidential
campaigns
conducted
strom
thurmond
george
wallace
senate
campaigns
conducted
recently
jesse
helms
demonstrated
great
many
registered
democrats
south
always
vote
democratic
candidates
federal
elections
congressional
quarterly
recently
recorded
fact
north
carolina
democratic
voter
registration
edges
longer
translat
success
statewide
national
races
recent
years
conservative
white
democrats
gravitated
toward
republican
candidates
see
congressional
quarterly
congressional
districts
voting
pattern
proven
particularly
pronounced
voting
districts
contain
residents
see
pildes
politics
race
harv
rev
need
expert
testimony
establish
proposition
north
carolina
party
registration
party
preference
always
correspond
ante
indeed
remarkable
feature
district
erroneous
decision
relied
entirely
data
concerning
location
registered
democrats
ignored
probative
evidence
people
live
near
borders
district
actually
voted
recent
elections
evidence
undermines
rebuts
inferences
district
drew
party
registration
data
also
provides
strong
affirmative
evidence
thoroughly
consistent
sworn
testimony
two
members
state
legislature
active
drawing
boundaries
district
affidavits
members
stating
district
lines
drawn
according
election
results
voter
registration
uncontradicted
almost
registered
precincts
state
legislature
excluded
district
favor
precincts
higher
black
populations
produced
significantly
less
dependable
democratic
results
actually
voted
one
republicans
recent
elections
record
supports
conclusion
loyal
democrats
living
near
borders
district
happen
black
democrats
see
ante
doubt
legislature
conscious
fact
enacted
apportionment
plan
everyone
agrees
fact
sufficient
invalidate
district
cf
ibid
fact
even
enough
decisions
invalidate
governmental
action
unlike
action
issue
actually
adverse
impact
particular
racial
group
see
personnel
administrator
mass
feeney
holding
equal
protection
clause
implicated
state
legislatur
selected
reaffirmed
particular
course
action
least
part
merely
spite
adverse
effects
upon
identifiable
group
washington
davis
hernandez
new
york
concurring
judgment
matter
closely
tied
significantly
correlated
race
explanation
governmental
action
may
action
implicate
equal
protection
clause
unless
based
race
accordingly
appellees
evidence
may
include
nothing
bizarre
shape
equally
consistent
either
political
racial
motivation
ii
registration
data
virtually
irrelevant
actual
voting
results
available
point
different
direction
iii
knowledge
racial
composition
district
us
question
whether
district
erred
denying
state
motion
summary
judgment
need
decide
whether
circumstantial
evidence
even
raises
inference
improper
motive
sufficient
stage
proceedings
join
judgment
reversal
footnotes
response
district
decision
order
state
enacted
yet
another
districting
plan
sess
laws
ch
codified
stat
supp
revised
districts
state
plan
part
guilford
county
located
within
district
rowan
county
falls
within
district
borders
plan
also
modified
district
boundaries
forsyth
davidson
iredell
counties
see
ibid
see
also
cromartie
hunt
ednc
june
app
juris
statement
state
congressional
elections
conducted
pursuant
plan
district
approval
brief
appellees
app
juris
statement
state
law
provides
state
revert
districting
plan
upon
favorable
decision
see
sess
laws
ch
case
moot
see
city
mesquite
aladdin
castle
zablocki
redhail
bullock
carter
cf
reno
bossier
parish
school
bd
holding
cases
brought
voting
rights
act
arlington
heights
framework
guide
inquiry
whether
jurisdiction
discriminatory
purpose
enacting
voting
change
rogers
lodge
framework
used
evaluating
vote
dilution
claims
brought
equal
protection
clause
justice
stevens
asserts
proof
district
bizarre
configuration
gives
rise
equally
inference
architects
motivated
politics
race
post
necessarily
quarrel
proposition
district
unusual
shape
give
rise
inference
political
motivation
doubt
bizarre
shape
equally
supports
political
inference
racial
one
districts
said
highly
irregular
rationally
understood
anything
effort
segregat
voters
basis
race
shaw
quoting
gomillion
lightfoot
portion
guilford
county
district
black
residents
constituted
population
district
portion
population
black
app
appellees
evidence
counties
showed
forsyth
district
black
forsyth
district
black
davidson
district
black
davidson
district
black
rowan
district
black
rowan
district
black
iredell
district
black
iredell
district
black
mecklenburg
district
black
mecklenburg
district
black
id
boundary
segments
told
sections
along
district
perimeter
separate
outside
precincts
inside
precincts
words
boundary
segment
district
borderline
segment
relevant
comparison
inside
precinct
touches
segment
corresponding
outside
precinct
see
app
juris
statement
brief
amicus
curiae
addition
evidence
appellants
presented
district
submitted
reply
brief
maps
showing
almost
registered
precincts
surrounding
portions
district
guilford
forsyth
mecklenburg
counties
republican
candidates
elected
least
one
three
elections
considered
state
defendants
expert
reply
brief
state
appellants
app
reply
brief
state
appellants
appellants
apparently
put
additional
evidence
district
prior
decision
competing
motions
summary
judgment
claim
excuse
appellees
filed
maps
showing
partisan
registration
eleventh
hour
brief
state
appellants
sure
appellants
believe
timing
appellees
filing
excuse
district
set
advance
deadline
filings
support
competing
motions
summary
judgment
appellants
caught
surprise
given
appellants
respond
appellees
evidence
also
motion
summary
judgment
support
one
think
district
needed
afford
adequate
opportunity
respond
ibid
recognized
however
political
gerrymandering
claims
justiciable
equal
protection
clause
although
agreement
standards
govern
claim
see
davis
bandemer
note
bush
shaw
ii
miller
came
us
developed
record
respective
district
courts
made
findings
fact
bush
vera
vera
richards
supp
sd
tex
shaw
ii
shaw
hunt
supp
ednc
miller
johnson
johnson
miller
supp
sd
summary
judgment
rarely
granted
plaintiff
favor
cases
issue
defendant
racial
motivation
disparate
treatment
suits
title
vii
racial
discrimination
claims
holds
true
racial
gerrymandering
claims
sort
brought
see
generally
wright
miller
kane
federal
practice
procedure
footnotes
include
last
phrase
held
state
legislature
may
make
districting
decisions
long
decisions
subordinate
uncertain
degree
traditional
districting
principles
see
shaw
hunt
miller
johnson
holding
racial
considerations
subject
strict
scrutiny
subordinate
traditional
districting
principles
connor
concurring
invoke
strict
scrutiny
plaintiff
must
show
state
relied
race
substantial
disregard
customary
traditional
districting
practices
regard
note
neither
opinion
district
opinion
analyzes
question
whether
traditional
districting
principle
joining
communities
interest
subordinated
present
twelfth
district
district
may
lack
compactness
contiguity
due
example
geographic
demographic
reasons
yet
still
serve
traditional
districting
goal
joining
communities
interest
congressional
quarterly
publication
largely
seen
authoritative
source
regarding
political
demographic
makeup
congressional
districts
resulting
decennial
census
even
revealing
one
examines
analysis
north
carolina
partisan
voting
patterns
regard
original
first
district
percent
black
book
remarks
white
voters
claim
democratic
roots
forefathers
often
support
gop
candidates
state
national
level
fair
number
jessecrats
conservative
democratic
supporters
gop
jesse
helms
congressional
quarterly
book
shows
second
third
districts
significant
democratic
voter
registration
edges
republican
candidates
actually
substantial
victories
four
five
recent
elections
see
statistics
also
demonstrate
majority
voters
eleventh
district
consistently
vote
republicans
despite
wide
democratic
registration
advantage
although
book
exhaustively
analyzes
statistical
demographics
congressional
district
listing
even
number
cable
television
subscribers
district
provide
voter
registration
statistics
see
app
juris
statement
affidavit
roy
cooper
iii
chairman
senate
redistricting
committee
affidavit
edwin
mcmahan
chairman
house
redistricting
committee