Cite as: 581 U. S. ____ (2017)
19
Opinion of the Court
Getting to the bottom of a dispute like this one poses
special challenges for a trial court. In the more usual case
alleging a racial gerrymander—where no one has raised a
partisanship defense—the court can make real headway
by exploring the challenged district’s conformity to traditional districting principles, such as compactness and
respect for county lines. In Shaw II, for example, this
Court emphasized the “highly irregular” shape of thenDistrict 12 in concluding that race predominated in its
design. 517 U. S., at 905 (internal quotation marks omitted). But such evidence loses much of its value when the
State asserts partisanship as a defense, because a bizarre
shape—as of the new District 12—can arise from a “political motivation” as well as a racial one. Cromartie I, 526
U. S., at 547, n. 3. And crucially, political and racial reasons are capable of yielding similar oddities in a district’s
boundaries. That is because, of course, “racial identification is highly correlated with political affiliation.”
Cromartie II, 532 U. S., at 243. As a result of those redistricting realities, a trial court has a formidable task: It
must make “a sensitive inquiry” into all “circumstantial
and direct evidence of intent” to assess whether the plaintiffs have managed to disentangle race from politics and
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primarily on factual grounds). By contrast, the dissent consistently
treats the State’s version of events (what it calls “the Legislature’s
political strategy and the relationship between that strategy and
[District 12’s] racial composition,” post, at 20) as if it were a simple “fact
of the matter”—the premise of, rather than a contested claim in, this
case. See post, at 12–14, 16, 20, 26, 27–29, 33. The dissent’s narrative
thus tracks, top-to-bottom and point-for-point, the testimony of Dr.
Hofeller, the State’s star witness at trial—so much so that the dissent
could just have block-quoted that portion of the transcript and saved
itself a fair bit of trouble. Compare post, at 12–20, with App. 2671–
2755. Imagine (to update the dissent’s theatrical reference) Inherit the
Wind retold solely from the perspective of William Jennings Bryan,
with nary a thought given to the competing viewpoint of Clarence
Darrow.