Cite as: 581 U. S. ____ (2017)
31
Opinion of the Court
fied drawing of district lines based on race. An alternative
map is merely an evidentiary tool to show that such a
substantive violation has occurred; neither its presence
nor its absence can itself resolve a racial gerrymandering
claim.15
North Carolina insists, however, that we have already
said to the contrary—more particularly, that our decision
in Cromartie II imposed a non-negotiable “alternative-map
requirement.” Brief for Appellants 31. As the State observes, Cromartie II reversed as clearly erroneous a trial
court’s finding that race, rather than politics, predominated
——————
15 The dissent responds that an alternative-map requirement “should
not be too hard” for plaintiffs (or at least “sophisticated” litigants “like
those in the present case”) to meet. Post, at 10–11. But if the plaintiffs
have already proved by a preponderance of the evidence that race
predominated in drawing district lines, then we have no warrant to
demand that they jump through additional evidentiary hoops (whether
the exercise would cost a hundred dollars or a million, a week’s more
time or a year’s). Or at least that would be so if we followed the usual
rules. Underlying the dissent’s view that we should not—that we
should instead create a special evidentiary burden—is its belief that
“litigation of this sort” often seeks to “obtain in court what [a political
party] could not achieve in the political arena,” post, at 9, and so that
little is lost by making suits like this one as hard as possible. But
whatever the possible motivations for bringing such suits (and the
dissent says it is not questioning “what occurred here,” ibid.), they
serve to prevent legislatures from taking unconstitutional districting
action—which happens more often than the dissent must suppose.
State lawmakers sometimes misunderstand the VRA’s requirements
(as may have occurred here with respect to §5), leading them to employ
race as a predominant districting criterion when they should not. See
supra, at 22–24, and n. 10. Or they may resort to race-based districting
for ultimately political reasons, leveraging the strong correlation
between race and voting behavior to advance their partisan interests.
See nn. 1, 7, supra. Or, finally—though we hope less commonly—they
may simply seek to suppress the electoral power of minority voters.
When plaintiffs meet their burden of showing that such conduct has
occurred, there is no basis for subjecting them to additional—and
unique—evidentiary hurdles, preventing them from receiving the
remedy to which they are entitled.
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