32
COOPER v. HARRIS
Opinion of the Court
in the assignment of voters to an earlier incarnation of
District 12. See 532 U. S., at 241; supra, at 5. And as the
State emphasizes, a part of our opinion faulted the
Cromartie plaintiffs for failing to offer a convincing account of how the legislature could have accomplished its
political goals other than through the map it chose. See
532 U. S., at 257–258. We there stated:
“In a case such as this one where majority-minority
districts . . . are at issue and where racial identification correlates highly with political affiliation, the
party attacking the legislatively drawn boundaries
must show at the least that the legislature could have
achieved its legitimate political objectives in alternative ways that are comparably consistent with traditional districting principles. That party must also
show that those districting alternatives would have
brought about significantly greater racial balance.”
Id., at 258.
According to North Carolina, that passage alone settles
this case, because it makes an alternative map “essential”
to a finding that District 12 (a majority-minority district
in which race and partisanship are correlated) was a racial
gerrymander. Reply Brief 11. Once again, the dissent
says the same. See post, at 7.
But the reasoning of Cromartie II belies that reading.
The Court’s opinion nowhere attempts to explicate or
justify the categorical rule that the State claims to find
there. (Certainly the dissent’s current defense of that
rule, see post, at 8–11, was nowhere in evidence.) And
given the strangeness of that rule—which would treat a
mere form of evidence as the very substance of a constitutional claim, see supra, at 29–31—we cannot think that
the Court adopted it without any explanation. Still more,
the entire thrust of the Cromartie II opinion runs counter
to an inflexible counter-map requirement. If the Court
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