thornburg gingles argued december decided june north carolina general assembly enacted legislative redistricting plan state senate house representatives appellees black citizens north carolina registered vote brought suit federal district challenging one district six multimember districts ground inter alia redistricting plan impaired black citizens ability elect representatives choice violation voting rights act appellees brought suit trial amended largely response mobile bolden make clear violation proved showing discriminatory effect alone rather show discriminatory purpose establish relevant legal standard results test section amended prohibits state political subdivision imposing voting qualifications prerequisites voting standards practices procedures result denial abridgment right citizen vote account race color section amended provides violated totality circumstances reveals political processes leading nomination election equally open participation members protected class members less opportunity members electorate participate political process elect representatives choice extent members protected class elected office one circumstance may considered district applied totality circumstances test set forth held redistricting plan violated resulted dilution black citizens votes disputed districts appellants attorney general north carolina others took direct appeal respect five multimember districts held judgment affirmed part reversed part supp affirmed part reversed part justice brennan delivered opinion respect parts ii concluding minority voters contend multimember form districting violates must prove use multimember electoral structure operates minimize cancel ability elect preferred candidates many factors listed senate report may relevant claim vote dilution submergence multimember districts unless conjunction following circumstances use multimember districts generally impede ability minority voters elect representatives choice stated succinctly bloc voting majority must usually able defeat candidates supported politically cohesive geographically insular minority group relevance existence racial bloc voting vote dilution claim twofold ascertain whether minority group members constitute politically cohesive unit determine whether whites vote sufficiently bloc usually defeat minority preferred candidate thus question whether given district experiences legally significant racial bloc voting requires discrete inquiries minority white voting practices showing significant number minority group members usually vote candidates one way proving political cohesiveness necessary vote dilution claim consequently establishes minority bloc voting within meaning general white bloc vote normally defeat combined strength minority support plus white crossover votes rises level legally significant white bloc voting loss political power vote dilution distinct mere inability win particular election pattern racial bloc voting extends period time probative claim district experiences significant polarization results single election district elections shown usually polarized fact racially polarized voting present one election elections necessarily negate conclusion district experiences legally significant bloc voting furthermore success minority candidate particular election necessarily prove district experience polarized voting election district approach tested data derived three election years district question revealed blacks strongly supported black candidates black candidates usual detriment whites rarely satisfactorily addresses facet proper standard legally significant racial bloc voting pp language legislative history plainly demonstrate proof minority candidates elected foreclose claim thus district err matter law refusing treat fact black candidates succeeded dispositive appellees claims multimember districting generally works dilute minority vote defended ground sporadically serendipitously benefits minority voters pp test federal rule civil procedure appropriate standard appellate review ultimate findings vote dilution amended legislative history make clear evaluating statutory claim vote dilution districting trial consider totality circumstances determine based upon practical evaluation past present realities whether political process equally open minority voters case district carefully considered totality circumstances found district racially polarized voting legacy official discrimination voting matters education housing employment health services persistence campaign appeals racial prejudice acted concert multimember districting scheme impair ability geographically insular politically cohesive groups black voters participate equally political process elect candidates choice pp justice brennan joined justice marshall justice blackmun justice stevens concluded part purposes legal concept racially polarized voting relates claims vote dilution used prove minority group politically cohesive white voters usually able defeat minority preferred candidates refers existence correlation race voters selection certain candidates plaintiffs need prove causation intent order prove prima facie case racial bloc voting defendants may rebut case evidence causation intent pp justice brennan joined justice white concluded part district erred matter law ignoring significance sustained success black voters experienced house district persistent proportional representation black residents district last six elections inconsistent appellees allegation black voters ability district elect representatives choice equal enjoyed white majority justice joined chief justice justice powell justice rehnquist concluded insofar statistical evidence divergent racial voting patterns admitted solely establish minority group politically cohesive assess prospects electoral success showing rebutted evidence divergent voting patterns may explained causes race however evidence reasons divergent voting patterns circumstances relevant overall vote dilution inquiry rule evidence concerning voting preferences statistical evidence racial voting patterns pp consistent sustained success candidates preferred minority voters presumptively inconsistent existence violation district erred assessing extent black electoral success house district senate district well house district except house district despite errors district ultimate conclusion vote dilution clearly erroneous house district appellees failed establish violation pp lacy thornburg attorney general north carolina pro se argued cause appellants briefs jerris leonard kathleen heenan mcguan james wallace deputy attorney general legal affairs tiare smiley norma harrell assistant attorneys general solicitor general fried argued cause amicus curiae urging reversal brief assistant attorney general reynolds deputy assistant attorney general cooper julius levonne chambers argued cause appellees briefs appellees gingles et al eric schnapper lani guinier leslie winner allen foster kenneth gumbiner robert hunter arthur donaldson filed briefs appellees eaglin et al daniel popeo george smith filed brief washington legal foundation amicus curiae urging reversal briefs amici curiae urging affirmance filed american civil liberties union foundation et al cynthia hill maureen thornton laughlin mcdonald neil bradley common cause william lake lawyer committee civil rights law et al james robertson harold tyler norman redlich william robinson frank parker samuel rabinove richard foltin james martin governor north carolina victor friedman legal services north carolina david harris susan perry richard taylor julian pierce republican national committee roger allan moore michael hess senator dennis deconcini et al walter rockler justice brennan announced judgment delivered opinion respect parts ii opinion respect part justice marshall justice blackmun justice stevens join opinion respect part justice white joins case requires construe first time voting rights act amended june specific question decided whether district convened eastern district north carolina pursuant correctly held use legislative redistricting plan multimember districts five north carolina legislative districts violated impairing opportunity black voters participate political process elect representatives choice stat background appellees brought suit trial congress amended amendment largely response plurality opinion mobile bolden declared order establish violation either fourteenth fifteenth amendments minority voters must prove contested electoral mechanism intentionally adopted maintained state officials discriminatory purpose congress substantially revised make clear violation proved showing discriminatory effect alone establish relevant legal standard results test applied white regester federal courts bolden supra hereinafter section amended stat reads follows voting qualification prerequisite voting standard practice procedure shall imposed applied state political subdivision manner results denial abridgement right citizen vote account race color contravention guarantees set forth section provided subsection violation subsection established based totality circumstances shown political processes leading nomination election state political subdivision equally open participation members class citizens protected subsection members less opportunity members electorate participate political process elect representatives choice extent members protected class elected office state political subdivision one circumstance may considered provided nothing section establishes right members protected class elected numbers equal proportion population codified extent history official discrimination state political subdivision touched right members minority group register vote otherwise participate democratic process extent voting elections state political subdivision racially polarized extent state political subdivision used unusually large election districts majority vote requirements shot provisions voting practices procedures may enhance opportunity discrimination minority group candidate slating process whether members minority group denied access process extent members minority group state political subdivision bear effects discrimination areas education employment health hinder ability participate effectively political process whether political campaigns characterized overt subtle racial appeals extent members minority group elected public office jurisdiction additional factors cases probative value part plaintiffs evidence establish violation whether significant lack responsiveness part elected officials particularized needs members minority group whether policy underlying state political subdivision use voting qualification prerequisite voting standard practice procedure tenuous preliminarily found black citizens constituted distinct population minority challenged district noted time multimember districts created concentrations black citizens within boundaries sufficiently large contiguous constitute effective voting majorities districts lying wholly within boundaries multimember districts respect challenged district senate district also found existed concentration black citizens within boundaries within adjoining senate district sufficient numbers contiguity constitute effective voting majority district district proceeded find following circumstances combined multimember districting scheme result dilution black citizens votes first found north carolina officially discriminated black citizens respect exercise voting franchise approximately employing different times poll tax literacy test prohibition bullet voting designated seat plans multimember districts observed even removal direct barriers black voter registration poll tax literacy test black voter registration remained relatively depressed blacks statewide registered vote whereas whites registered district found statewide depressed levels black voter registration present disputed districts traceable least part historical pattern statewide official discrimination second found historic discrimination education housing employment health services resulted lower socioeconomic status north carolina blacks group whites concluded lower status gives rise special group interests hinders blacks ability participate effectively political process elect representatives choice third considered voting procedures may operate lessen opportunity black voters elect candidates choice noted north carolina majority vote requirement primary elections acknowledging black candidate election state general assembly failed win solely requirement concluded nonetheless presents continuing practical impediment opportunity black voting minorities elect candidates choice also remarked fact north carolina subdistrict residency requirement members general assembly elected multimember districts requirement found offset extent disadvantages minority voters often experience multimember districts fourth found white candidates north carolina encouraged voting along color lines appealing racial prejudice noted record replete specific examples racial appeals ranging style overt blatant subtle furtive date campaign seat senate determined use racial appeals political campaigns north carolina persists present day current effect lessen degree opportunity black citizens participate effectively political processes elect candidates choice fifth examined extent blacks elected office north carolina statewide challenged districts found among things prior world war ii one black elected public office century recognizing become possible black citizens elected office levels state government north carolina found comparison white candidates running office black candidates disadvantage terms relative probability success also found overall rate black electoral success minimal relation percentage blacks total state population example noted given time blacks house representatives house members black one time one two blacks state senate state senators black contrast time district opinion blacks constituted total state population respect success century black candidates contested districts see also appendix opinion post found one black elected house district lawsuit began similarly one black served senate district election black elected twice house district part forsyth county contest two blacks elected since black citizen elected term house district durham county black elected senate durham county house district wake county black elected twice house another black served two terms state senate black ever elected house senate area covered house district black person ever elected senate area covered senate district acknowledge improved success black candidates elections blacks elected state house representatives including blacks multimember districts issue however pointed election conducted commencement litigation found circumstances election sufficiently aberrational success black candidates minimal recent relation long history complete denial elective opportunities support conclusion black voters opportunities elect representatives choice impaired finally considered extent voting challenged districts racially polarized based statistical evidence presented expert witnesses supplemented degree testimony lay witnesses found challenged districts exhibit severe persistent racially polarized voting based findings declared contested portions redistricting plan violative enjoined appellants conducting elections pursuant portions plan appellants attorney general north carolina others took direct appeal pursuant respect five multimember districts house districts senate district appellants argue first district utilized legally incorrect standard determining whether contested districts exhibit racial bloc voting extent cognizable second contend used incorrect definition racially polarized voting thus erroneously relied statistical evidence probative polarized voting third maintain assigned wrong weight evidence black candidates electoral success finally argue trial erred concluding multimember districts result black citizens less opportunity white counterparts participate political process elect representatives choice noted probable jurisdiction affirm respect districts except house district regard district judgment district reversed ii section vote dilution use multimember districts section legislative history senate report accompanied amendments elaborates nature violations proof required establish violations first foremost report dispositively rejects position plurality mobile bolden required proof contested electoral practice mechanism adopted maintained intent discriminate minority voters see intent test repudiated three principal reasons unnecessarily divisive involves charges racism part individual officials entire communities places inordinately difficult burden proof plaintiffs asks wrong question right question report emphasizes repeatedly whether result challenged practice structure plaintiffs equal opportunity participate political processes elect candidates choice see also order answer question must assess impact contested structure practice minority electoral opportunities basis objective factors senate report specifies factors typically may relevant claim history discrimination state political subdivision extent voting elections state political subdivision racially polarized extent state political subdivision used voting practices procedures tend enhance opportunity discrimination minority group unusually large election districts majority vote requirements prohibitions bullet voting exclusion members minority group candidate slating processes extent minority group members bear effects past discrimination areas education employment health hinder ability participate effectively political process use overt subtle racial appeals political campaigns extent members minority group elected public office jurisdiction see also supra report notes also evidence demonstrating elected officials unresponsive particularized needs members minority group policy underlying state political subdivision use contested practice structure tenuous may probative value report stresses however list typical factors neither comprehensive exclusive enumerated factors often pertinent certain types violations particularly vote dilution claims factors may also relevant may considered furthermore senate committee observed requirement particular number factors proved majority point one way rather committee determined question whether political processes equally open depends upon searching practical evaluation past present reality omitted functional view political process although senate report espouses flexible test violations limits circumstances violations may proved three ways first electoral devices elections may considered per se violative plaintiffs must demonstrate totality circumstances devices result unequal access electoral process second conjunction allegedly dilutive electoral mechanism lack proportional representation alone establish violation ibid third results test assume existence racial bloc voting plaintiffs must prove vote dilution use multimember districts essence claim certain electoral law practice structure interacts social historical conditions cause inequality opportunities enjoyed black white voters elect preferred representatives long recognized multimember districts voting schemes may operate minimize cancel voting strength racial minorities voting population burns richardson quoting fortson dorsey see also rogers lodge white regester whitcomb chavis theoretical basis type impairment minority majority voters consistently prefer different candidates majority virtue numerical superiority regularly defeat choices minority voters see grofman alternatives representation redistricting issues multimember districts election schemes however per se violative minority voters rights cf rogers lodge supra regester supra whitcomb supra minority voters contend multimember form districting violates must prove use multimember electoral structure operates minimize cancel ability elect preferred candidates see many factors listed senate report may relevant claim vote dilution submergence multimember districts unless conjunction following circumstances use multimember districts generally impede ability minority voters elect representatives choice stated succinctly bloc voting majority must usually able defeat candidates supported politically cohesive geographically insular minority group bonapfel blacksher menefee butler carpeneti davidson minority vote dilution overview hereinafter davidson minority vote dilution grofman alternatives cf bolden marshall dissenting obvious greater degree electoral minority homogeneous insular greater degree bloc voting occurs along lines greater extent minority voting power diluted multimember districting circumstances necessary preconditions multimember districts operate impair minority voters ability elect representatives choice following reasons first minority group must able demonstrate sufficiently large geographically compact constitute majority district case substantially integrated district multimember form district responsible minority voters inability elect candidates cf rogers see also blacksher menefee bonapfel carpeneti davidson jewell second minority group must able show politically cohesive minority group politically cohesive said selection multimember electoral structure thwarts distinctive minority group interests blacksher menefee carpeneti davidson third minority must able demonstrate white majority votes sufficiently bloc enable absence special circumstances minority candidate running unopposed see infra usually defeat minority preferred candidate see blacksher menefee cf rogers supra whitcomb mcmillan escambia county establishing last circumstance minority group demonstrates submergence white multimember district impedes ability elect chosen representatives finally observe usual predictability majority success distinguishes structural dilution mere loss occasional election cf davis bandemer post opinion white bolden supra marshall dissenting whitcomb supra see also blacksher menefee note geometry geography racial gerrymandering voting rights act yale hereinafter note geometry geography iii racially polarized voting district treatment racially polarized voting initial consideration data took form inquiry data reveal correlation race voter selection certain candidates revealed correlation statistically significant difference black white voting patterns substantively significant district found blacks whites generally preferred different candidates basis found voting districts racially correlated accepted grofman expert opinion correlation race voter voter choice certain candidates statistically significant finally adopting grofman terminology see tr found elections degree racial bloc voting marked substantively significant sense results individual election different depending upon whether held among white voters black voters also reported findings tabulated numerical form written form high percentage black voters regularly supported black candidates white voters extremely reluctant vote black candidates considered relevance existence legally significant white bloc voting fact black candidates elections determined instances special circumstances incumbency lack opposition rather diminution usually severe white bloc voting accounted candidates success also suggested black voters reliance bullet voting significant factor successful efforts elect candidates choice based evidence trial concluded districts experienced racially polarized voting persistent severe degree degree bloc voting legally significant appellants arguments hand isolates single line opinion identifies complete test according district adopted standard legally significant racial bloc voting deemed exist whenever results individual election different depending upon whether held among white voters black voters election brief amicus curiae quoting read district opinion differently standard legally significant racial bloc voting senate report extent voting elections state political subdivision racially polarized relevant vote dilution claim courts commentators agree racial bloc voting key element vote dilution claim see escambia county marengo county appeal dism cert denied nevett sides cert denied johnson halifax county supp ednc blacksher menefee engstrom wildgen parker note geometry geography explain extent bloc voting necessary demonstrate minority ability elect preferred representatives impaired varies according several factual circumstances degree bloc voting constitutes threshold legal significance vary district district nonetheless possible state general principles proceed purpose inquiring existence racially polarized voting twofold ascertain whether minority group members constitute politically cohesive unit determine whether whites vote sufficiently bloc usually defeat minority preferred candidates see supra thus question whether given district experiences legally significant racially polarized voting requires discrete inquiries minority white voting practices showing significant number minority group members usually vote candidates one way proving political cohesiveness necessary vote dilution claim blacksher menefee consequently establishes minority bloc voting within context general white bloc vote normally defeat combined strength minority support plus white crossover votes rises level legally significant white bloc voting amount white bloc voting generally minimize cancel regester black voters ability elect representatives choice however vary district district according number factors including nature allegedly dilutive electoral mechanism presence absence potentially dilutive electoral devices majority vote requirements designated posts prohibitions bullet voting percentage registered voters district members minority group size district multimember districts number seats open number candidates field see butler davidson jones impact local election systems black political representation urb aff commission civil rights voting rights act unfulfilled goals loss political power vote dilution distinct mere inability win particular election whitcomb pattern racial bloc voting extends period time probative claim district experiences legally significant polarization results single election blacksher menefee note geometry geography racial polarization seen attribute single election rather polity viewed time concern necessarily temporal analysis historical evil avoided subordination minority groups american politics defeat individuals particular electoral contests also reason district elections shown usually polarized fact racially polarized voting present one individual elections necessarily negate conclusion district experiences legally significant bloc voting furthermore success minority candidate particular election necessarily prove district experience polarized voting election special circumstances absence opponent incumbency utilization bullet voting may explain minority electoral success polarized contest must apparent degree racial bloc voting cognizable element vote dilution claim vary according variety factual circumstances consequently simple doctrinal test existence legally significant racial bloc voting however foregoing general principles provide courts substantial guidance determining whether evidence black white voters generally prefer different candidates rises level legal significance standard utilized district district findings concerning black support black candidates five multimember districts issue clearly establish political cohesiveness black voters apparent district tabulated findings reproduced appendix opinion post black voters support black candidates overwhelming almost every election primary elections black support black candidates ranged general elections black support black democratic candidates ranged sharp contrast findings strong black support black candidates district found substantial majority white voters rarely ever vote black candidate primary elections white support black candidates ranged general elections ranged see ibid also determined average white voters vote black candidate primary elections general elections white voters almost always ranked black candidates either last next last multicandidate field except heavily democratic areas white voters consistently ranked black candidates last among democrats last next last among candidates observed approximately white voters vote black candidates general elections even candidate democratic primary choice vote republican one district state expressly percentage whites refused vote black candidates contested districts usual course events result defeat minority candidates conclusion apparent factual findings rest analysis first exception house district see infra trial findings clearly show black voters enjoyed minimal sporadic success electing representatives choice see appendix opinion post second black candidates elections closely examined circumstances elections concluding success blacks negate evidence derived elections studied district legally significant racially polarized voting exists district example took account benefits incumbency running essentially unopposed conferred successful black candidates well different order preference blacks whites assigned black candidates reaching conclusion legally significant racial polarization exists district conclude district approach tested data derived three election years district revealed blacks strongly supported black candidates black candidates usual detriment whites rarely satisfactorily addresses facet proper legal standard evidence racially polarized voting appellants argument whether appellants believe voter race candidate race must primary determinant voter choice unclear indeed catalogs relevant variables suggest age religion income education seem relevant voter incumbency campaign expenditures name identification media use pertinent candidate party affiliation refer voter candidate either case disagree purposes legal concept racially polarized voting incorporates neither causation intent means simply race voters correlates selection certain candidate candidates refers situation different races minority language groups vote blocs different candidates grofman migalski noviello demonstrate infra appellants theory racially polarized voting thwart goals congress sought achieve amended prevent courts performing functional analysis political process searching practical evaluation past present reality omitted mandated senate report causation irrelevant section inquiry senate report make clear critical question claim whether use contested electoral practice structure results members protected group less opportunity members electorate participate political process elect representatives choice see explained supra multimember districts may impair ability blacks elect representatives choice blacks vote sufficiently bloc able elect preferred candidates black majority district white majority votes sufficiently bloc usually defeat candidates chosen blacks difference choices made blacks whites reasons difference results blacks less opportunity whites elect preferred representatives consequently conclude results test correlation race voter selection certain candidates causes correlation matters irrelevance inquiry reasons black white voters vote differently supports rejection appellants theory racially polarized voting however theory contains equally serious flaws merit attention demonstrate addition irrelevant variables distorts equation yields results indisputably incorrect senate report race voter primary determinant voter behavior appellants contend legal concept racially polarized voting refers voting patterns merely correlated voter race voting patterns determined primarily voter race rather voter socioeconomic characteristics first problem argument ignores fact members geographically insular racial ethnic groups frequently share socioeconomic characteristics income level employment status amount education housing living conditions religion language forth see butler minority group members shared concerns including political ones function group status largely involuntary group blacks concerned example police brutality substandard housing unemployment problems fall disproportionately upon group verba nie participation america socioeconomic status closely related race blacks american society likely jobs whites less education lower incomes characteristics shared race ethnic group denotes color place origin also functions shorthand notation common social economic characteristics appellants definition racially polarized voting even pernicious shared characteristics causally related race ethnicity opportunity achieve high employment status income example often influenced presence absence racial ethnic discrimination definition racially polarized voting holds black bloc voting exist black voters choice certain candidates strongly influenced fact voters low incomes menial jobs reason voters menial jobs low incomes attributable past present racial discrimination runs counter senate report instruction conduct searching practical evaluation past present reality interferes purpose voting rights act eliminate negative effects past discrimination electoral opportunities minorities furthermore appellants theory racially polarized voting even uncontrovertible evidence candidates strongly preferred black voters always defeated bloc voting white majority dismissed failure prove racial polarization whenever black white populations described terms socioeconomic characteristics illustrate assume racially mixed urban multimember district blacks whites possess socioeconomic characteristics record case attributes blacks whites halifax county part senate district annual mean income blacks district black community lives poverty half black adults age education less half black citizens reside homes live rental units almost third black households without car contrast whites district live poverty line whites enjoy mean income white residents better educated blacks whites age education less furthermore whites live rental units live households vehicle available case senate district blacks hypothetical urban district never able elect representative choice according appellants theory racially polarized voting proof black white voters hypothetical district regularly choose different candidates blacks preferred candidates regularly lose rejected probative racial bloc voting basis rejection blacks chose certain candidate principally race principally candidate best represented interests residents low incomes particularly interested health welfare services generally poorly educated thus share interest job training programs greater extent white community concerned rent control issues favor major public transportation expenditures similarly whites found voted different candidate principally race primarily candidate best represented interests residents due education income levels property vehicle ownership favor gentrification low residential property taxes extensive expenditures street highway improvements congress intended courts employ definition racial bloc voting first definition leads results inconsistent effects test adopted congress amended senate report admonition courts take functional view political process conduct searching practical evaluation reality test racially polarized voting denies fact race socioeconomic characteristics often closely correlated permits neither practical evaluation reality functional analysis vote dilution contrary congress intent adopting results test appellants proposed definition result inability minority voters establish critical element vote dilution claim even though races engage monolithic bloc voting generations black voters unable elect representative choice second appellants interpretation racially polarized voting creates irreconcilable tension proposed treatment socioeconomic characteristics bloc voting context senate report statement extent members minority group bear effects discrimination areas education employment health may relevant claim find support either logic legislative history anomalous conclusion appellants position leads congress intended one hand proof minority group predominately poor uneducated unhealthy considered factor tending prove violation congress intended hand proof socioeconomic characteristics greatly influence black voters choice candidates destroy voters ability establish one important elements vote dilution claim race candidate primary determinant voter behavior first language functional understanding phenomenon vote dilution mandate conclusion race candidate per se irrelevant racial bloc voting analysis section violation established shown members protected minority group less opportunity members electorate elect representatives choice emphasis added minority majority voters often select members race preferred representatives frequently case black candidate choice blacks white candidate choice whites cf letter editor chandler davidson new perspectives fall indeed facts case illustrate tendency blacks preferred black candidates whites preferred white candidates thus matter convenience district may refer preferred representative black voters black candidate preferred representative white voters white candidate nonetheless fact race voter race candidate often correlated directly pertinent inquiry status candidate chosen representative particular racial group race candidate important understanding vote dilution submergence white majority works leads conclusion essence submergence claim minority group members prefer certain candidates elect interaction challenged electoral law structure white majority votes significant bloc different candidates thus explained part iii supra existence racial bloc voting relevant vote dilution claim two ways bloc voting blacks tends prove black community politically cohesive shows blacks prefer certain candidates elect black majority district bloc voting white majority tends prove blacks generally unable elect representatives choice clearly race voter race candidate relevant vote dilution analysis see blacksher menefee grofman representatives typical representation redistricting issues note geometry geography second appellants suggestion racially polarized voting refers voting patterns whites vote white candidates prefer members race hostile blacks opposed voting patterns whites vote white candidates white candidates spent campaigns utilized media coverage thus enjoyed greater name recognition black candidates fails another independent reason argument like argument race voter must primary determinant voter ballot inconsistent purposes render meaningless senate report factor addresses impact low socioeconomic status minority group level political participation congress intended voting rights act eradicate inequalities political opportunities exist due vestigial effects past purposeful discrimination federal courts recognized political participation minorities tends depressed minority group members suffer effects prior discrimination inferior education poor employment opportunities low incomes see white regester kirksey board supervisors hinds county en banc cert denied see also verba nie participation america senate report acknowledges tendency instructs extent members minority group bear effects discrimination areas education employment health hinder ability participate effectively political process omitted factor may probative unequal opportunity participate political process elect representatives courts commentators recognized candidates generally must spend money order win election multimember district district see graves barnes supp wd tex aff part rev part sub nom white regester supra berry dye davidson fraga nonpartisan slating groups setting minority vote dilution derfner jewell karnig black representation city councils urb aff inferior education poor employment opportunities blacks earn less whites able provide candidates choice level financial support whites provide thus electoral losses candidates preferred black community may well attributable part fact white opponents outspent fact instance economic effects prior discrimination combined multimember electoral structure afford blacks less opportunity whites participate political process elect representatives choice anomalous inconsistent congressional intent hold one hand effects past discrimination hinder blacks ability participate political process tend prove violation holding hand effects past discrimination deter whites voting blacks blacks make crucial element vote dilution claim accord escambia county failure blacks solicit white votes may caused effects past discrimination quoting dallas county marengo county racial animosity primary determinant voter behavior amending congress rejected requirement announced bolden supra plaintiffs must prove discriminatory intent state local governments adopting maintaining challenged electoral mechanism appellants suggestion discriminatory intent individual white voters must proved order make claim must fail reasons congress rejected intent test respect governmental bodies see engstrom reincarnation intent standard federal judges election cases senate report one reason senate committee abandoned intent test committee heard persuasive testimony intent test unnecessarily divisive involves charges racism part individual officials entire communities committee found testimony arthur flemming chairman commission civil rights particularly persuasive testified intent test itigators representing excluded minorities explore motivations individual council members mayors citizens question whether decisions motivated invidious racial considerations inquiries divisive threatening destroy existing racial progress community intent test results test make necessary brand individuals racist order obtain judicial relief ibid omitted second reason congress rejected old intent test cases placed inordinately difficult burden plaintiffs ibid new intent test equally burdensome order prove specific factor racial hostility determined white voters ballots necessary demonstrate potentially relevant causal factors socioeconomic characteristics candidate expenditures correlate better racial animosity white voting behavior one commentator explained many se independent variables impossible social scientist operationalize independent variables use multiple regression equation whether basis conduct extensive statistical analysis implies moreover become prohibitively expensive compared sort effort proving discriminatory intent adoption election system simple inexpensive mccrary discriminatory intent continuing relevance purpose evidence lawsuits omitted focusing discriminatory intent voters rather behavior voters also asks wrong question matters functional theory vote dilution voter behavior explanations moreover explained detail supra requiring proof racial considerations actually caused voter behavior result contrary congressional intent situations black minority functionally totally excluded political process unable establish violation senate report remark concerning old intent test thus pertinent new test requirement make separate finding intent accepting proof factors involved white regester analysis seriously clou prospects eradicating remaining instances racial discrimination american elections therefore decline adopt requirement summary iv legal significance black candidates success north carolina maintain district failed accord proper weight success black candidates challenged districts black residents districts point achieved improved representation general assembly election also note blacks house district enjoyed proportional representation consistently since blacks districts occasionally enjoyed nearly proportional representation electoral success demonstrates conclusively appellants argue blacks districts less opportunity members electorate participate political process elect representatives choice essentially appellants contend racial minority gains proportional nearly proportional representation single election fact alone precludes matter law finding violation section provides extent members protected class elected office one circumstance may considered senate committee report also identifies extent minority candidates succeeded pertinent factor however senate report expressly election minority candidates necessarily foreclose possibility dilution black vote noting possibility exists majority citizens might evade manipulating election safe minority candidate quoting zimmer mckeithen en banc aff sub nom east carroll parish school board marshall per curiam senate committee decided instead require independent consideration record senate report also emphasizes question whether political processes equally open depends upon searching practical evaluation past present reality omitted thus language legislative history plainly demonstrate proof minority candidates elected foreclose claim moreover conducting independent consideration record searching practical evaluation past present reality district appropriately take account circumstances surrounding recent black electoral success deciding significance appellees claim particular senate report makes clear properly notice fact black electoral success increased markedly election election occurred instant lawsuit filed properly consider extent pendency litigation might worked advantage black candidates form unusual organized political support white leaders concerned forestall districting nothing statute legislative history prohibited viewing caution black candidates success election deciding basis relevant circumstances accord greater weight blacks relative lack success course several recent elections consequently hold district err matter law refusing treat fact black candidates succeeded dispositive appellees claim multimember districting generally works dilute minority vote defended ground sporadically serendipitously benefits minority voters district err however ignoring significance sustained success black voters experienced house district district last six elections resulted proportional representation black residents persistent proportional representation inconsistent appellees allegation ability black voters district elect representatives choice equal enjoyed white majority situations may possible plaintiffs demonstrate sustained success accurately reflect minority group ability elect preferred representatives appellees done appellees presented evidence relating black electoral success last three elections failed utterly though offer explanation success black candidates previous three elections consequently believe district erred matter law ignoring sustained success black voters enjoyed house district reverse respect district ultimate determination vote dilution initial matter north carolina contend district ultimate conclusion challenged multimember districts operate dilute black citizens votes mixed question law fact subject de novo review appeal support proposed standard review rely primarily bose consumers union case reconfirmed matter constitutional law must independent appellate review evidence actual malice defamation cases appellants argue finding vote dilution amended requires application rule law particular set facts constitutes legal rather factual determination reply brief appellants brief amicus curiae neither appellants cite several precedents treated ultimate finding vote dilution question fact subject standard rule see rogers lodge city rome white regester cf anderson bessemer city regester supra noted district based conclusion minority voters two multimember districts texas less opportunity participate political process majority voters totality circumstances stated inclined overturn findings representing blend history intensely local appraisal design impact multimember district light past present reality political otherwise reaffirm view test rule appropriate standard appellate review finding vote dilution amended legislative history make clear evaluating statutory claim vote dilution districting trial consider totality circumstances determine based upon searching practical evaluation past present reality omitted whether political process equally open minority voters determination peculiarly dependent upon facts case rogers supra quoting nevett sides requires intensely local appraisal design impact contested electoral mechanisms fact amended legislative history provide legal standards must apply facts order determine whether violated alter standard review explained bose rule inhibit appellate power correct errors law including may infect mixed finding law fact finding fact predicated misunderstanding governing rule law citing swint inwood laboratories ives laboratories thus application standard ultimate findings vote dilution preserves benefit trial particular familiarity indigenous political reality without endangering rule law district case carefully considered totality circumstances found district racially polarized voting legacy official discrimination voting matters education housing employment health services persistence campaign appeals racial prejudice acted concert multimember districting scheme impair ability geographically insular politically cohesive groups black voters participate equally political process elect candidates choice found success black candidates enjoyed districts recent limited regard elections perhaps aberrational disprove conclusion excepting house district respect district committed legal error see supra affirm district judgment say district composed local judges well acquainted political realities state clearly erred concluding use multimember electoral structure caused black voters districts house district less opportunity white voters elect representatives choice judgment district affirmed part reversed part appendix opinion brennan percentages votes cast black white voters black candidates five contested districts senate district primary general white black white black house district primary general white black white black house district primary general white black white black house district primary general white black white black house district primary general white black white black house district primary general white black white black appendix opinion brennan black candidates elected originally contested districts seats house house house house house senate senate see brief appellees table printed pages app footnotes appellees challenged following multimember districts senate mecklenburg cabarrus counties four members house mecklenburg county eight members house part forsyth county five members house durham county three members house wake county six members house wilson nash edgecombe counties four members appellants initiated action september challenging north carolina general assembly july redistricting history action recounted greater detail district opinion case gingles edmisten supp ednc suffices note general assembly revised plan april plan issue case plan factors derived analytical framework white regester refined developed lower courts particular fifth circuit zimmer mckeithen en banc aff sub nom east carroll parish school board marshall per curiam bullet voting described follows consider town whites blacks election choose four council members voter able cast four votes suppose eight white candidates votes whites split among approximately equally one black candidate blacks voting one else result white candidate receives votes black candidate receives votes black probably seat technique called voting voting enables minority group win seats concentrates vote behind limited number candidates vote majority divided among number candidates city rome quoting commission civil rights voting rights act ten years pp designated numbered seat schemes require candidate election multimember districts run specific seats certain circumstances frustrate bullet voting see city rome supra urges give little weight senate report arguing represents compromise among conflicting factions thus somehow less authoritative committee reports brief amicus curiae persuaded legislative history amended contains anything lead us conclude senate report accorded little weight repeatedly recognized authoritative source legislative intent lies committee reports bill see garcia zuber allen senate report amended designed restore results test legal standard governed voting discrimination cases prior decision mobile bolden report notes cases white regester zimmer mckeithen plaintiffs prevail showing totality circumstances challenged election law procedure effect denying protected minority equal chance participate electoral process results test plaintiffs required demonstrate challenged electoral law structure designed maintained discriminatory purpose senate committee found voting practices procedures discriminatory results perpetuate effects past purposeful discrimination omitted senate report notes purpose voting rights act correct active history discrimination denying negroes right register vote also deal accumulation discrimination quoting cong rec remarks javits section prohibits forms voting discrimination vote dilution dilution racial minority group voting strength may caused dispersal blacks districts constitute ineffective minority voters concentration blacks districts constitute excessive majority engstrom wildgen pruning thorns thicket empirical test existence racial gerrymandering legis stud hereinafter engstrom wildgen see also derfner racial discrimination right vote vand rev hereinafter derfner parker racial gerrymandering legislative reapportionment hereinafter parker minority vote dilution davidson hereinafter minority vote dilution claim address opinion one plaintiffs alleged attempted prove ability elect representatives choice impaired selection multimember electoral structure occasion consider whether permits standards pertain claim brought minority group sufficiently large compact constitute majority district alleging use multimember district impairs ability influence elections note also occasion consider whether standards apply respondents claim multimember districts operate dilute vote geographically cohesive minority groups large enough constitute majorities districts contained within boundaries challenged multimember districts fully pertinent sorts vote dilution claims claim alleging splitting large geographically cohesive minority two multimember districts resulted dilution minority vote commentators widespread agreement conclusion see berry dye discriminatory effects elections rev hereinafter berry dye blacksher menefee reynolds sims city mobile bolden hastings hereinafter blacksher menefee bonapfel minority challenges elections dilution problem rev hereinafter bonapfel butler constitutional statutory challenges election structures dilution value right vote la rev hereinafter butler carpeneti legislative apportionment multimember districts fair representation rev hereinafter carpeneti davidson korbel elections minority group representation minority vote dilution derfner grofman alternatives plurality districts legal empirical issues hereinafter grofman alternatives representation redistricting issues grofman lijphart mckay scarrow hereinafter representation redistricting issues hartman racial vote dilution separation powers geo rev jewell consequences multimember districting representation redistricting issues hereinafter jewell jones impact local election systems political representation urb aff karnig black resources city council representation pol karnig black representation city councils urb aff parker oting along racial lines deprive minority voters preferred representative circumstances also allows elected ignore minority interests without fear political consequences rogers lodge leaving minority effectively unrepresented see grofman representatives typical constituents representation redistricting issues parker functional view political process mandated important senate report factors bearing challenges multimember districts extent minority group members elected public office jurisdiction extent voting elections state political subdivision racially polarized present factors lingering effects past discrimination use appeals racial bias election campaigns use electoral devices enhance dilutive effects multimember districts substantial white bloc voting exists example antibullet voting laws majority vote requirements supportive essential minority voter claim recognizing senate report factors important multimember district vote dilution claims others effectuates intent congress obvious unless minority group members experience substantial difficulty electing representatives choice prove challenged electoral mechanism impairs ability elect contested electoral structure multimember district commentators courts agree absence significant white bloc voting said ability minority voters elect chosen representatives inferior white voters see mcmillan escambia county marengo county appeal dism cert denied nevett sides cert denied johnson halifax county supp ednc blacksher menefee engstrom wildgen parker consequently difficulty electing white bloc voting proved minority voters established multimember structure interferes ability elect preferred candidates minority voters may able prove still suffer social economic effects past discrimination appeals racial bias employed election campaigns majority vote required win seat demonstrated substantial inability elect caused use multimember district recognizing primacy history extent minority electoral success racial bloc voting simply requires plaintiffs prove claim may awarded relief case appellees allege within contested multimember district exists minority group sufficiently large compact constitute district different kind case example gerrymander case plaintiffs might allege minority group sufficiently large compact constitute district split two multimember districts effect diluting potential strength minority vote reason minority group making challenge must show threshold matter sufficiently large geographically compact constitute majority district unless minority voters possess potential elect representatives absence challenged structure practice claim injured structure practice district generally appropriate standard measure minority group potential elect smallest political unit representatives elected thus minority group spread evenly throughout multimember district although geographically compact minority group small relation surrounding white population constitute majority district minority voters maintain able elect representatives choice absence multimember electoral structure two commentators explained demonstrate minority voters injured elections minority voters must sufficiently concentrated politically cohesive putative districting plan result districts members racial minority constitute majority voters whose clear electoral choices fact defeated voting minority voters residences substantially integrated throughout jurisdiction district blamed defeat candidates standard thus protect racial minority votes diminution proximately caused districting plan assure racial minorities proportional representation blacksher menefee footnotes omitted emphasis added terms racially polarized voting racial bloc voting used interchangeably throughout opinion reapportionment plan left essentially undisturbed plan five original six contested multimember districts house district alone slightly modified brief appellees district found methods standard literature analysis racially polarized voting see also engstrom mcdonald quantitative evidence vote dilution litigation political participation polarized voting urb law summer grofman migalski noviello totality circumstances test section extension voting rights act social science perspective law policy apr hereinafter grofman migalski noviello used term racial polarization describe correlation adopted grofman definition racial polarization exists consistent relationship race voter way voter votes tr put differently black voters white voters vote differently adopt definition racial bloc racially polarized voting see infra found data reflected positive relationships correlations happen chance see also barnes conley statistical evidence litigation fisher multiple regression legal proceedings colum rev grofman migalski noviello two exceptions state house elections districts list factors illustrative comprehensive number elections must studied order determine whether voting polarized vary according pertinent circumstances one important circumstance number elections minority group sponsored candidates minority group never able sponsor candidate courts must rely factors tend prove unequal access electoral process similarly minority group begun sponsor candidates recently fact statistics one elections available examination foreclose vote dilution claim list special circumstances illustrative exclusive trial actually employ term legally significant times seems used substantive significance grofman describe polarization severe enough result selection different candidates racially separate electorates times however used term substantively significant refer ultimate determination racially polarized voting districts sufficiently severe relevant claim stating white voters vote black candidates primary election white voters vote black candidates general elections district aggregated data six challenged multimember districts apparently ease reporting inquiry existence vote dilution caused submergence multimember district district specific considering several separate vote dilution claims single case courts must rely data aggregated challenged districts concluding racially polarized voting exists district instant case however clear trial tabulated findings exhibits exs relied data specific individual district concluding district experienced legally significant racially polarized voting example found incumbency aided successful black candidate primary senate district also noted house district black candidate gained election ran uncontested general election primary general elections republican opposition fact trial interpreted mean general election practical purposes unopposed moreover primary two white candidates three seats one black candidate succeed even condition remarked white voters still refused vote black incumbent choice blacks house district black election delegation found relevant primaries approximately white voters vote black candidate whereas approximately blacks additionally observed although winning democratic primary district historically tantamount election whites declined vote democratic black candidate general election noted primary held house district field eight successful black candidate ranked first black voters seventh whites similarly found two blacks seats delegation house district ranked first second black voters seventh eighth white voters appellants argue plaintiffs must establish race primary determinant voter behavior part prima facie showing polarized voting suggests plaintiffs make prima facie case merely showing correlation race selection certain candidates defendants able rebut showing factors race principal causes voters choices reject arguments fifth circuit cases north carolina rely position equally ambiguous see lee county branch naacp opelika jones lubbock higginbotham concurring true recognized previously racial hostility may often fuel racial bloc voting jewish organizations carey rogers lodge explain decision actual motivation voter relevance vote dilution claim suggest racial bloc voting race neutral voter behavior correlates race obviously remembered though one commentator observed absence racial animus one element race neutrality note geometry geography senate report rejected argument words account race contained create requirement purposeful discrimination patently clear congress used words account race color act mean respect race color connote required purpose racial discrimination relevant results general assembly election follows house district blacks make population elected one black house delegation house district blacks constitute population elected one black house delegation house district blacks constitute population one black elected delegation house district population black two blacks elected delegation senate district blacks constitute population black elected senate points substantially identical predecessor challenged plan see supra house district elected black delegation house district elected black delegation senate district black senator see also zimmer mckeithen endorse view success black candidates polls necessarily forecloses possibility dilution black vote success might occasion attributable work politicians apprehending support black candidate politically expedient campaign insure election success might attributable political support motivated different considerations namely election black candidate thwart successful challenges electoral schemes dilution grounds either situation candidate elected despite relative political backwardness black residents electoral district occasion case decide types special circumstances satisfactorily demonstrate sustained success accurately reflect minority ability elect preferred representatives justice white concurring join parts ii opinion agree justice brennan opinion part disagree part justice brennan opinion justice brennan part crucial factor identifying polarized voting race voter race candidate irrelevant test polarized voting majority white voters vote different candidates majority blacks regardless race candidates agree suppose multimember district white black blacks geographically located two safe black districts drawn suppose six white two black democrats running six white two black republicans justice brennan test polarized voting likely violation republicans including two blacks elected blacks predominantly black areas vote democratic take also violation district black enough blacks vote whites elect black candidate choice majority black voters politics rather rule hedging racial discrimination doubt congress mind amending seems quite odds discussion whitcomb chavis furthermore facts case need draw distinction district reached correct result except view respect district justice chief justice justice powell justice rehnquist join concurring judgment case called upon construe voting rights act amended june amended intended codify results test employed whitcomb chavis white regester reject intent test propounded plurality opinion mobile bolden pp hereinafter whereas bolden required members racial minority alleged impairment voting strength prove challenged electoral system created maintained discriminatory purpose led discriminatory results results test plaintiffs may choose establish discriminatory results without proving kind discriminatory purpose time however unequivocally disclaims creation right proportional representation disclaimer essential compromise resulted passage amendment see additional views dole construing compromise legislation must make every effort faithful balance congress struck easy task know congress intended allow vote dilution claims brought also know congress intend create right proportional representation minority voters inherent tension congress wished wished avoid theory vote dilution must necessarily rely extent measure minority voting strength makes reference proportion minority group electorate large addition several important aspects results test received little attention cases decisions courts appeals employing test congress also relied see specifically legal meaning given concepts racial bloc voting minority voting strength left largely unaddressed courts amended attempts resolve difficulties today first supplies definitions racial bloc voting minority voting strength apparently applicable cases dictate structure vote dilution litigation second adopts test based level minority electoral success determining electoral scheme sufficiently diminished minority voting strength constitute vote dilution third although acknowledge expressly combination definition minority voting strength test vote dilution results creation right form proportional representation favor geographically politically cohesive minority groups large enough constitute majorities concentrated within one districts disregarded balance struck congress amending failed apply results test described whitcomb white order explain disagreement interpretation useful illustrate impact alternative districting plans types districts typically likelihood minority group able elect candidates prefers set critical elements vote dilution claim emerge opinion consider town voters governed council four representatives voters black black voters concentrated one section city tend vote bloc possible draw four districts one blacks constitute overwhelming majority black voters district assured electing representative choice remaining black voters districts submerged large white majorities option give minority group roughly proportional representation alternatively usually possible draw four districts two black voters constituted much narrower majorities black voters districts often able elect representative choice two districts even black voters supported candidate favored white minority districts candidates preferred majority black voters might lose option depending circumstances particular election sometimes give minority group proportional representation increase risk group achieve even roughly proportional representation also usually possible draw four districts black voters constituted minority extreme case black voters constitute voters district unless approximately white voters extreme case backed minority candidate black voters district unable elect candidate choice election two candidates even unanimously supported option make difficult black voters elect candidates choice even significant white support impossible without support finally possible elect four representatives single election voter vote four candidates scheme white voters elect representatives even black voters turned large numbers voted one one candidate illustrate four white candidates ran received approximately equal support white voters receive votes whereas black voters cast votes one candidate hand eight white candidates ran white votes distributed less evenly five least favored white candidates received fewer votes three others received feasible blacks elect one representative votes even without substantial white support even white voters backed particular minority candidate black voters voted candidate candidate receive total votes ensure victory unless white voters also concentrated votes four eight remaining candidates received support almost white voters variations show multimember district inherent tendency submerge votes minority minority group prospects electoral success district heavily depend variety factors voter turnout many candidates run evenly white support spread much white support given candidate candidates preferred minority group extent minority voters engage bullet voting occurs voters refrain casting votes avoid risk voting lower ranked choices may give candidates enough votes defeat higher ranked choices see ante difference principle varying effects alternatives outlined varying effects alternative plans multimember districts type districting selected way district lines drawn powerful effect likelihood members geographically politically cohesive minority group able elect candidates choice although speak terms vote dilution agree proof vote dilution establish violation amended phrase vote dilution legal sense simply refers impermissible discriminatory effect multimember districting plan operates cancel minimize voting strength racial groups white see also fortson dorsey definition however conceals formidable difficulties voting strength racial group assessed solely reference prospects electoral success courts look avenues political influence open racial group insofar minority voting strength assessed reference electoral success undiluted minority voting strength measured much impairment minority voting strength necessary prove violation constitutes racial bloc voting proved weight given evidence actual electoral success minority candidates face evidence racial bloc voting resolves first question summarily minority voting strength assessed solely terms minority group ability elect candidates prefers ante approach essence vote dilution claim state created multimember districts unacceptably impair minority group ability elect candidates members prefer order evaluate claim particular multimember district district diluted minority group voting strength degree violates however also necessary construct measure undiluted minority voting strength phrase vote dilution suggests norm respect fact dilution may ascertained mississippi republican executive committee brooks rehnquist dissenting summary affirmance put simply order decide whether electoral system made harder minority voters elect candidates prefer must idea mind hard minority voters elect preferred candidates acceptable system several possible measures undiluted minority voting strength suggest first simply use proportionality guide minority group constituted voters given area regard minority group potential elect representatives area second posit alternative districting plan normal fair electoral scheme attempt calculate many candidates preferred minority group probably elected scheme seen variety ways even districts drawn present minority group array electoral risks benefits might therefore consider range acceptable plans attempting estimate undiluted minority voting strength method third attempt arrive plan maximize feasible minority electoral success use degree predicted success measure undiluted minority voting strength employ third alternative often face hard choices truly maximize minority electoral success example scenario described minority group concentrated one completely safe district divided among two districts members constitute somewhat precarious majority today adopted variant third approach wit undiluted minority voting strength means maximum feasible minority voting strength explaining elements vote dilution claim first minority group must able demonstrate sufficiently large geographically compact constitute majority district ante apparently minority group cognizable claim ability elect representatives choice impaired second minority group must able show politically cohesive significant proportion minority group supports candidates ante third requires minority group demonstrate white majority votes sufficiently bloc enable absence special circumstances usually defeat minority preferred candidate ibid three requirements met minority group demonstrates submergence white multimember district impedes ability elect chosen representatives ibid say minority group proved vote dilution violation definition elements vote dilution claim simple invariable calculate minority voting strength assuming minority group concentrated district constitutes voting majority minority group large enough geographically concentrated enough politically cohesive enough possible minority group claim fails minority group meets requirements representatives elect hypothetical district districts constitutes majority serve measure undiluted voting strength whatever plan state actually adopts must assessed terms effect undiluted voting strength indeed single universal standard evaluating undiluted minority voting strength vote dilution purposes standard applicable whether challenged multimember district particular districting scheme statement elements vote dilution claim also supplies answer another question posed much impairment undiluted minority voting strength necessary prove vote dilution requires minority group satisfies threshold requirements size cohesiveness prove usually unable elect many representatives choice challenged districting scheme undiluted voting strength permit requirement constitutes true test vote dilution reason appears test applicable vote dilution claim challenging well multimember districts measure vote dilution taken conjunction standard measuring undiluted minority voting strength creates amounts right usual roughly proportional representation part sizable compact cohesive minority groups particular multimember district plan qualified minority groups usually elect representatives likely elect favorable districting plan violated unless minority success challenged electoral system regularly approximates rough version proportional representation system dilutes minority voting strength violates appreciate implications approach useful return illustration town four council representatives given approach black voters constitute town voting population usually succeed electing one representative choice regardless whether town employs elections divided four districts electoral system violates moreover town black voting population reasoning black minority long geographically politically cohesive entitled usually elect two four representatives since normally possible create two districts black voters constituted safe majorities approximately sure also requires plaintiffs prove racial bloc voting white majority interacts challenged districting plan usually defeat minority preferred candidate fact however requirement adds little already contained requirements minority group politically cohesive preferred candidates usually lose acknowledges approach general white bloc vote normally defeat combined strength minority support plus white crossover votes rises level legally significant white bloc voting ante define legally significant bloc voting racial majority terms extent racial minority electoral success minority prove constitute majority district supported certain candidates candidates usually elected finding legally significant white bloc voting necessarily follow otherwise definition candidates usually rather lost shaped today basic contours vote dilution claim require reference zimmer factors developed fifth circuit implement white results test highlighted senate report see zimmer mckeithen en banc aff sub nom east carroll parish school board marshall per curiam minority group politically geographically cohesive large enough constitute voting majority one districts unless white voters usually support minority preferred candidates sufficient numbers enable minority group elect many candidates elect hypothetical districts routinely follow vote dilution claim made multimember district invalidated simply need plaintiffs establish history discrimination state political subdivision ante extent state political subdivision used voting practices procedures tend enhance opportunity discrimination minority group ante exclusion members minority group candidate slating processes extent minority group members bear effects past discrimination areas education employment health use overt subtle racial appeals political campaigns elected officials unresponsive particularized needs members minority group ibid course factors may supportive claim may strengthen confidence minority voters unable overcome relative disadvantage placed particular districting plan suggest general lack opportunity participate political process fact remains electoral success emerged standard linchpin vote dilution claims elements vote dilution claim create entitlement roughly proportional representation within framework districts ii view test measuring minority voting strength test vote dilution operating tandem come closer absolute requirement proportional representation congress intended codified results test necessary appropriate decide case whether requires uniform measure undiluted minority voting strength every case appellants challenged standard employed district assessing undiluted minority voting strength case district seems taken approach quite similar making preliminary assessment undiluted minority voting strength time creation districts concentrations black citizens within boundaries sufficient numbers contiguity constitute effective voting majorities districts lying wholly within boundaries districts districts satisfy constitutional requirements population geographical configuration gingles edmisten supp ednc appellants contest propriety district standard vote dilution appellants claim district held lthough blacks achieved considerable success winning state legislative seats challenged districts failure consistently attain number seats numbers alone presumptively give proportion presence population standing alone constituted violation brief appellants emphasis original holding appellants argue clearly contravenes proviso nothing section establishes right members protected class elected numbers equal proportion population believe appellants characterization district holding incorrect view district concluded severe diminution prospects black electoral success challenged districts compared districts blacks constitute majority severe diminution large part attributable interaction multimember form district persistent racial bloc voting part white majorities districts see district attached great weight circumstance one part ultimate finding creation districts challenged action results black registered voters district submerged voting minority district thereby less opportunity members electorate participate political process elect representatives choice district extensive opinion clearly relies well variety zimmer factors thorough summary district findings indicates see ante district held challenged multimember districts violated solely blacks consistently attained seats proportion presence population holding clearly inconsistent disclaimer right proportional representation surely congress intend say one hand members protected class right proportional representation consistent failure achieve proportional representation without violates requirement minority representation usually proportional minority group proportion population quite right strict proportional representation comes close right inconsistent disclaimer results test codified words senator dole architect compromise resulted passage amendments language subsection explicitly rejects white progeny notion members protected class right elected numbers equal proportion population extent members protected class elected challenged practice structure one factor among totality circumstances considered dispositive additional views dole enacting congress codified results test employed interpretation fourteenth amendment white whitcomb factors developed fifth circuit relied senate report simply fill contours results test described decisions purport redefine alter ultimate showing discriminatory effect required whitcomb white view therefore whitcomb white look first instance determining great impairment minority voting strength required establish vote dilution violation results test reflected whitcomb white requires inquiry extent minority group opportunities participate political processes see white electoral success central part vote dilution inquiry white held prove vote dilution enough racial group allegedly discriminated legislative seats proportion voting potential whitcomb flatly rejected proposition group distinctive interests must represented legislative halls numerous enough command least one seat represents majority living area sufficiently compact constitute single member district contrary results test described white requires plaintiffs establish political processes leading nomination election equally open participation group question members less opportunity residents district participate political processes elect legislators choice showing history disproportionate results strong indicia lack political power denial fair representation plaintiffs white met standard emphasized today requires substantially greater showing adverse effects mere lack proportional representation support finding unconstitutional vote dilution davis bandemer post plurality opinion congress amended intended adopt results test abandoning additional showing discriminatory intent required bolden vote dilution analysis adopted today clearly bears little resemblance results test emerged whitcomb white test vote dilution combined standard evaluating voting potential white supra means racial minority distinctive interests must usually represented legislative halls numerous enough command least one seat represents minority living area sufficiently compact constitute voting majority single member district whitcomb nothing whitcomb white language legislative history supports creation right usual roughly proportional representation part every geographically compact politically cohesive minority group large enough form majority one districts adhere approach outlined whitcomb white followed elaboration zimmer cases courts appeals prior bolden approach consider relevant factors bearing whether minority group less opportunity members electorate participate political process elect representatives choice emphasis added focus solely minority group ability elect representatives choice whatever measure undiluted minority voting strength employs connection evaluating presence absence minority electoral success also bear mind power influence political process limited winning elections davis bandemer post course relative lack minority electoral success challenged plan compared success predicted measure undiluted minority voting strength employing constitute powerful evidence vote dilution moreover minority group may fact lack access influence upon representatives support candidates cf davis bandemer post powell concurring part dissenting part nonetheless reviewing required find simply minority group usually attain undiluted measure electoral success must find even substantial minority success highly infrequent challenged plan may conclude basis alone plan operates cancel minimize voting strength racial grou white supra iii three justices join part justice brennan opinion addresses validity statistical evidence district relied finding racially polarized voting challenged districts insofar statistical evidence divergent racial voting patterns admitted solely establish minority group politically cohesive assess prospects electoral success agree defendants rebut showing offering evidence divergent racial voting patterns may explained part causes race underlying divergence interests minority white voters agree however evidence never affect overall vote dilution inquiry evidence candidate preferred minority group particular election rejected white voters reasons made candidate preferred choice minority group seem clearly relevant answering question whether bloc voting white voters consistently defeat minority candidates evidence suggest another candidate equally preferred minority group might able attract greater white support future elections believe congress also intended explanations reasons white voters rejected minority candidates probative likelihood candidates elected without decisive minority support willing take minority interests account community polarized along racial lines racial hostility may bar indirect avenues political influence much greater extent community racial animosity absent although interests racial groups diverge indeed senate report clearly stated one factor probative value cases whether significant lack responsiveness part elected officials particularized needs members minority group overall vote dilution inquiry neither requires permits arbitrary rule consideration evidence concerning voting preferences statistical evidence racial voting patterns rule give effect whatever senate report repeated emphasis intensive racial politics racial political considerations whether racial politics dominate electoral process one aspect racial bloc voting congress deemed relevant showing violation similarly agree justice white justice brennan conclusion race candidate always irrelevant identifying racially polarized voting conflicts whitcomb necessary disposition case ante concurring case grudgingly acknowledges district clearly erred aggregating data challenged districts relying fact average white voters vote black candidate primary elections selected study ante although senate district encompasses house district exception districts issue case distributed throughout state north carolina white calls intensely local appraisal design impact multimember district racial voting statistics one district ordinarily irrelevant assessing totality circumstances another district view specific evidence district district also considered however say conclusion severe racial bloc voting clearly erroneous regard challenged districts except house district racial bloc voting prevent sustained virtually proportional minority electoral success accordingly leave undisturbed district decision give great weight racial bloc voting challenged districts iv made usual roughly proportional success sole focus vote dilution analysis goes hold proof occasional minority candidate elected foreclose claim justice brennan joined justice white concludes persistent proportional representation foreclose claim unless plaintiffs prove sustained success accurately reflect minority group ability elect preferred representatives ante agree justice brennan consistent sustained success candidates preferred minority voters presumptively inconsistent existence violation moreover agree case presents occasion determining constitute proof success accurately reflect minority group actual voting strength challenged district districts view district erred assessing extent black electoral success house district senate district well house district acknowledges error evidence summarized table form shows ante appendix degree black electoral success differed widely seven originally contested districts house district senate district neither contested black candidate ever elected offices question house district house district instances black electoral success came two recent elections one took place pendency litigation contrast house district senate district black successes although intermittent dated back black candidate elected districts three last five elections finally house district black candidate elected last six elections district drawing distinctions among districts purposes findings concluded overall results achieved date levels elective office minimal relation percentage blacks total population district clearly erred extent considered electoral success aggregate rather challenged districts since inquiry existence vote dilution ante asserts district free regard results elections suspicion decide basis relevant circumstances accord greater weight blacks relative lack success course several recent elections ante explain technique apply senate district black candidate elected three consecutive elections black candidate elected house district black candidates elected well contrary district thought see successes proportional nearly proportional black population three multimember districts certainly lend support finding black voters districts enjoy equal opportunity participate political process elect representatives choice despite error agree conclusion except house district minority electoral success sufficiently frequent compel finding equal opportunity participate elect district found challenged districts racial polarization voting presently exists substantial severe degree district presently operates minimize voting strength black voters say finding clearly erroneous respect house district senate district particularly taken together district findings concerning zimmer factors hence ultimate conclusion vote dilution districts adequately supported finding however clearly erroneous respect house district blacks constitute population district registered voters six elections since one three representatives district black finding reason even suspect successful black candidates district fact represent interests black voters district find black success previous elections aberrant zimmer caveat necessarily foreclosing vote dilution claim basis isolated black successes see pressed far indeed appeals decisions senate report relied best evidence scope caveat contain example minority electoral success even remotely approximates consistent pattern district see turner mckeithen black candidates elected wallace house one black candidate elected vacated grounds propose consistent virtually proportional minority electoral success always matter law bar finding violation general rule success entitled great weight evaluating whether challenged electoral mechanism totality circumstances operated deny black voters equal opportunity participate political process elect representatives choice respect house district district failure accord black electoral success weight clearly erroneous district identified reason giving degree success preclusive effect accordingly agree justice brennan appellees failed establish violation district members racial minority challenge multimember district grounds dilutes voting strength agree must show possess strength multimember district impairs must therefore appraise minority group undiluted voting strength order assess effects multimember district reserve question proper method methods making assessment assessment made view evaluation alleged impairment voting strength requires consideration minority group access political processes generally solely consideration chances preferred candidates actually elected proof white voters withhold support candidates extent consistently ensures defeat entitled significant weight plaintiffs favor however plaintiffs direct proof solely towards minority group prospects electoral success must show substantial minority success highly infrequent challenged plan order establish plan operates cancel minimize voting strength white compromise essential much major federal legislation confidence federal courts enforce compromises indispensable creation believe today strikes different balance congress intended codified results test disclaimed right proportional representation reason join judgment opinion express view whether ability minority group constitute majority district constitute threshold requirement claim use multimember districts impairs ability minority voters participate political processes elect representatives choice plaintiffs case meet requirement indeed exists need decide whether imposed note however artificiality distinction claims minority group ability elect representatives choice impaired claims ability influence elections impaired ante true minority group constitute majority district ordinarily potential ability elect representatives without white support minority constitute majority ordinarily recognizes candidates preferred minority group elected multimember district minority group elected candidates even white support indispensable victories reasoning minority group large enough constitute voting majority district show white support probably forthcoming district extent enable election candidates members prefer minority group appear demonstrated least measure voting strength able elect candidates choice times district seems looked simple proportionality rather hypothetical districts black voters constitute majority see opinion however district state requires minority groups consistently attain level electoral success correspond proportion total voting population justice stevens justice marshall justice blackmun join concurring part dissenting part opinion findings district fairly summarizes ante nn adequately support district judgment concerning house district well balance judgment course agree election one black candidate election since provides significant support state position notion evidence creates sort conclusive legal presumption ante however supported language statute legislative history therefore agree view district committed error failing apply rule law emerges today without statutory support evidence candidate success district merely one part extremely large record district carefully considered making ultimate findings fact upheld normal application clearly erroneous standard traditionally applies identifies reason success one black candidate elections inconsistent district ultimate finding concerning house district fact one black candidate also elected elections ante appendix sufficient opinion overcome additional findings apply house district well districts state years accurately summarizes findings district case carefully considered totality circumstances found district racially polarized voting legacy official discrimination voting matters education housing employment health services persistence campaign appeals racial prejudice acted concert multimember districting scheme impair ability geographically insular politically cohesive groups black voters participate equally political process elect candidates choice found success black candidates enjoyed districts recent limited regard elections perhaps aberrational disprove conclusion ante see ante section provides extent members protected class elected office one circumstance may considered however senate report expressly election minority candidates necessarily foreclose possibility dilution black vote noting possibility exists majority citizens might evade manipulating election safe minority senate committee decided instead require independent consideration record internal citations omitted see ante application standard ultimate findings vote dilution preserves benefit trial particular familiarity indigenous political reality without endangering rule law see ante even analysis decision simply reverse without remand mystifying also extremely unfair first give appellees opportunity address new legal standard finds decisive second even bother explain contours standard satisfied case cf ante occasion case decide types special circumstances satisfactorily demonstrate sustained success accurately reflect minority ability elect preferred representatives finally though couched conclusion matter law ante abrupt entry judgment appellants district reflects unwillingness give district respect due particularly case district demonstrated knowledge expertise entire context congress directed consider