Cite as: 581 U. S. ____ (2017)
3
Opinion of ALITO, J.
This is not the treatment of precedent that state legislatures have the right to expect from this Court. The failure
to produce an alternative map doomed the challengers in
Cromartie II, and the same should be true now. Partisan
gerrymandering is always unsavory, but that is not the
issue here. The issue is whether District 12 was drawn
predominantly because of race. The record shows that it
was not.1
I
Under the Constitution, state legislatures have “the
initial power to draw districts for federal elections.” Vieth
v. Jubelirer, 541 U. S. 267, 275 (2004) (plurality opinion).2
This power, of course, must be exercised in conformity
with the Fourteenth Amendment’s Equal Protection
Clause. And because the Equal Protection Clause’s “central mandate is racial neutrality in governmental decisionmaking,” Miller v. Johnson, 515 U. S. 900, 904 (1995),
“effort[s] to separate voters into different districts on the
basis of race” must satisfy the rigors of strict scrutiny.
Shaw v. Reno, 509 U. S. 630, 649, 653 (1993) (Shaw I ).
We have stressed, however, that courts are obligated to
“exercise extraordinary caution in adjudicating claims that
a State has drawn district lines on the basis of race.”
Miller, 515 U. S., at 916. “Federal-court review of districting legislation represents a serious intrusion on the most
vital of local functions,” and “the good faith of a state
legislature must be presumed.” Id., at 915. A legislature
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1 I concur in the judgment of the Court regarding Congressional District 1. The State concedes that the district was intentionally created
as a majority-minority district. See Brief for Appellants 44. And
appellants have not satisfied strict scrutiny.
2 Article I, §4, of the Constitution reserves to state legislatures the
power to prescribe “[t]he Times, Places and Manner of holding Elections
for Senators and Representatives,” subject to Congress’s authority to
“make or alter such Regulations, except as to the Places of chusing
Senators.”
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