Cite as: 581 U. S. ____ (2017)
1
THOMAS, J., concurring
SUPREME COURT OF THE UNITED STATES
_________________
No. 15–1262
_________________
ROY COOPER, GOVERNOR OF NORTH CAROLINA,
ET AL., APPELLANTS v.
DAVID HARRIS, ET AL.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF NORTH CAROLINA
[May 22, 2017]
JUSTICE THOMAS, concurring.
I join the opinion of the Court because it correctly applies our precedents under the Constitution and the Voting Rights Act of 1965 (VRA), 52 U. S. C. §10301 et seq. I
write briefly to explain the additional grounds on which I
would affirm the three-judge District Court and to note my
agreement, in particular, with the Court’s clear-error
analysis.
As to District 1, I think North Carolina’s concession that
it created the district as a majority-black district is by
itself sufficient to trigger strict scrutiny. See Brief for
Appellants 44; see also, e.g., Bethune-Hill v. Virginia State
Bd. of Elections, 580 U. S. ___, ___–___ (2017) (slip op., at
1–2) (THOMAS, J., concurring in judgment in part and
dissenting in part). I also think that North Carolina
cannot satisfy strict scrutiny based on its efforts to comply
with §2 of the VRA. See ante, at 12. In my view, §2 does
not apply to redistricting and therefore cannot justify a
racial gerrymander. See Holder v. Hall, 512 U. S. 874,
922–923 (1994) (THOMAS, J., concurring in judgment).
As to District 12, I agree with the Court that the District Court did not clearly err when it determined that
race was North Carolina’s predominant motive in drawing
the district. See ante, at 21. This is the same conclusion I
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