18
LOUISIANA v. CALLAIS
Opinion of the Court
identified instances of past discrimination that violated the
Constitution or a statute.” SFFA, 600 U. S., at 207.
To “rise to the level of a compelling state interest,” an effort to remediate past discrimination “must satisfy two conditions.” Shaw II, 517 U. S., at 909. “First, the discrimination must be ‘identified discrimination.’ ” Ibid. (quoting
Richmond v. J. A. Croson Co., 488 U. S. 469, 499, 500, 505,
507, 509 (1989)). In other words, the State or Federal Government must identify the specific instances of past discrimination that it aims to remediate and, in light of that
specification, must “ ‘determine the precise scope of the injury it seeks to remedy.’ ” 517 U. S., at 909 (quoting Croson,
488 U. S., at 498 (opinion for the Court)). The States and
Federal Government have no compelling interest in generally remediating “past discrimination in a particular industry or region” or “the effects of societal discrimination.” 517
U. S., at 909–910. Second, after identifying the specific instance of discrimination, “the institution that makes the racial distinction must have . . . a ‘strong basis in evidence’ to
conclude that [its] remedial action [is] necessary.” Id., at
910 (quoting Wygant v. Jackson Bd. of Ed., 476 U. S. 267,
277 (1986)).
“Our acceptance of race-based state action has been rare
for a reason.” SFFA, 600 U. S., at 208. “ ‘Distinctions between citizens solely because of their ancestry are by their
very nature odious to a free people whose institutions are
founded upon the doctrine of equality.’ ” Ibid. (quoting Rice
v. Cayetano, 528 U. S. 495, 517 (2000)). And in redistricting, “where the State assumes from a group of voters’ race
that they ‘think alike, share the same political interests,
and will prefer the same candidates at the polls,’ it engages
in racial stereotyping at odds with equal protection mandates.” Miller, 515 U. S., at 920 (quoting Shaw I, 509 U. S.
630, 647 (1993)).
The question before us now is whether compliance with
the Voting Rights Act should be added to our very short list