Cite as: 581 U. S. ____ (2017)
23
Opinion of the Court
Hofeller explained, the legislature “determined that it was
prudent to reunify [the county’s] African-American community” into District 12. App. 1103. That change caused
the district’s compactness to decrease (in expert-speak, it
“lowered the Reock Score”), but that was a sacrifice well
worth making: It would “avoid the possibility of a [VRA]
charge” that would “inhibit[ ] preclearance.” Ibid.
The State’s preclearance submission to the Justice
Department indicated a similar determination to concentrate black voters in District 12. “One of the concerns of
the Redistricting Chairs,” North Carolina there noted, had
to do with the Justice Department’s years-old objection to
“a failure by the State to create a second majority minority
district” (that is, in addition to District 1). Id., at 478.
The submission then went on to explain that after considering alternatives, the redistricters had designed a version
of District 12 that would raise its BVAP to 50.7%. Thus,
concluded the State, the new District 12 “increases[ ] the
African-American community’s ability to elect their candidate of choice.” Id., at 479. In the District Court’s view,
that passage once again indicated that making District 12
majority-minority was no “mere coincidence,” but a deliberate attempt to avoid perceived obstacles to preclearance.
159 F. Supp. 3d, at 617.9
And still there was more: Perhaps the most dramatic
testimony in the trial came when Congressman Mel Watt
(who had represented District 12 for some 20 years) recounted a conversation he had with Rucho in 2011 about
the district’s future make-up. According to Watt, Rucho
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9 The dissent’s contrary reading of the preclearance submission—as
reporting the redistricters’ “decis[ion] not to construct District 12 as a
majority-minority district,” post, at 24—is difficult to fathom. The
language the dissent cites explains only why Rucho and Lewis rejected
one particular way of creating such a district; the submission then
relates their alternative (and, of course, successful) approach to attaining an over-50% BVAP. See App. 478–479.