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LOUISIANA v. CALLAIS
Opinion of the Court
The Robinson court erroneously concluded that the plaintiffs’ illustrative maps protected incumbents because the
maps left all six Representatives “in the district where they
currently live” and “could avoid incumbent pairing.” 605
F. Supp. 3d, at 830. That observation missed the point: An
incumbent is not protected if he or she will lose re-election.
And because the plaintiffs’ illustrative maps failed to protect all the incumbents that the State sought to shield, the
plaintiffs did not meet their burden on this precondition.
Nor did the plaintiffs meet their burden on the second
and third Gingles preconditions. To show racially polarized
voting, the Robinson plaintiffs offered evidence that black
and white voters consistently supported different candidates, but their analysis did not control for partisan preferences. See 605 F. Supp. 3d, at 840.
Even if the Robinson plaintiffs had met their burden on
the Gingles preconditions, they still would have failed to
show an objective likelihood of intentional discrimination
based on the totality of circumstances. The Robinson court
went through the nine Senate Report factors, but none of
the evidence it cited showed even a plausible likelihood of
intentional discrimination by the State. Much of the cited
evidence—such as the low number of black Louisianans
who have been elected to Congress in recent decades—
failed to disentangle race from politics. See 605 F. Supp.
3d, at 845–846. Indeed, the court observed that black voters have been aligned with the Democratic party for decades and that issues discussed by that party appealed to
black voters. Id., at 845. Those observations should have
undercut, not strengthened, any showing of intentional racial discrimination because race and politics are so intertwined.
The Robinson court also relied on the “ ‘sordid history’ ” of
intentional discrimination by Louisianian officials in the
decades before the Voting Rights Act’s passage. Id., at 846.
And it cast aside as “irrelevant” the lack of evidence that
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