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COOPER v. HARRIS
Opinion of ALITO, J.
12. See Cromartie v. Hunt, 133 F. Supp. 2d 407, 420
(EDNC 2000). But this Court held that this finding of fact
was clearly erroneous. Cromartie II, 532 U. S., at 256.
A critical factor in our analysis was the failure of those
challenging the district to come forward with an alternative redistricting map that served the legislature’s political objective as well as the challenged version without
producing the same racial effects. Noting that race and
party affiliation in North Carolina were “highly correlated,” id., at 243, we laid down this rule:
“In a case such as this one . . . , 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. Appellees failed to
make any such showing here.” Id., at 258.
Now, District 12 is back before us. After the 2010 census, the North Carolina Legislature, with the Republicans
in the majority, drew the present version of District 12.
The challengers contend that this version violates equal
protection because the predominant motive of the legislature was racial: to pack the district with African-American
voters. The legislature responds that its objective was
political: to pack the district with Democrats and thus to
increase the chances of Republican candidates in neighboring districts.
You might think that the Cromartie II rule would be
equally applicable in this case, which does not differ in
any relevant particular, but the majority executes a stunning about-face. Now, the challengers’ failure to produce
an alternative map that meets the Cromartie II test is
inconsequential. It simply “does not matter.” Ante, at 30.
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