24
COOPER v. HARRIS
Opinion of the Court
said that “his leadership had told him that he had to ramp
the minority percentage in [District 12] up to over 50
percent to comply with the Voting Rights Law.” App.
2369; see id., at 2393. And further, that it would then be
Rucho’s “job to go and convince the African-American
community” that such a racial target “made sense” under
the Act. Ibid.; see id., at 2369.10 The District Court credited Watt’s testimony about the conversation, citing his
courtroom demeanor and “consistent recollection” under
“probing cross-examination.” 159 F. Supp. 3d, at 617–
618.11 In the court’s view, Watt’s account was of a piece
with all the other evidence—including the redistricters’
on-the-nose attainment of a 50% BVAP—indicating that
the General Assembly, in the name of VRA compliance,
deliberately redrew District 12 as a majority-minority
district. See id., at 618.12
——————
10 Watt recalled that he laughed in response because the VRA required no such target. See id., at 2369. And he told Rucho that “the
African-American community will laugh at you” too. Ibid. Watt
explained to Rucho: “I’m getting 65 percent of the vote in a 40 percent
black district. If you ramp my [BVAP] to over 50 percent, I’ll probably
get 80 percent of the vote, and[ ] that’s not what the Voting Rights Act
was designed to do.” Ibid.
11 The court acknowledged that, in the earlier state-court trial involving District 12, Rucho denied making the comments that Watt recalled.
See 159 F. Supp. 3d, at 617–618. But the court explained that it could
not “assess [the] credibility” of Rucho’s contrary account because even
though he was listed as a defense witness and present in the courtroom
throughout the trial, the State chose not to put him on the witness
stand. Id., at 618.
12 The dissent conjures a different way of explaining Watt’s testimony. Perhaps, the dissent suggests, Rucho disclosed a majority-minority
target to Watt, but Watt then changed Rucho’s mind—and perhaps it
was just a coincidence (or a mistake?) that Rucho still created a 50.7%BVAP district. See post, at 25–26. But nothing in the record supports
that hypothesis. See ibid. (relying exclusively on the State’s preclearance submission to back up this story); supra, at 23, and n. 9 (correcting
the dissent’s misreading of that submission). And the State, lacking
the dissent’s creativity, did not think to present it at trial.
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