Cite as: 581 U. S. ____ (2017)
1
Opinion of ALITO, J.
SUPREME COURT OF THE UNITED STATES
_________________
No. 15–1262
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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 ALITO, with whom THE CHIEF JUSTICE and
JUSTICE KENNEDY join, concurring in the judgment in part
and dissenting in part.
A precedent of this Court should not be treated like a
disposable household item—say, a paper plate or napkin—
to be used once and then tossed in the trash. But that is
what the Court does today in its decision regarding North
Carolina’s 12th Congressional District: The Court junks a
rule adopted in a prior, remarkably similar challenge to
this very same congressional district.
In Easley v. Cromartie, 532 U. S. 234 (2001) (Cromartie
II ), the Court considered the constitutionality of the version of District 12 that was adopted in 1997. Id., at 238.
That district had the same basic shape as the district now
before us, and the challengers argued that the legislature’s
predominant reason for adopting this configuration was
race. Ibid. The State responded that its motive was not
race but politics. Id., at 241. Its objective, the State insisted, was to create a district in which the Democratic
candidate would win. See ibid.; Brief for State Appellants
in Easley v. Cromartie, O. T. 2000, Nos. 99–1864, 99–
1865, p. 25. Rejecting that explanation, a three-judge
court found that the legislature’s predominant motive was
racial, specifically to pack African-Americans into District
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