Cite as: 608 U. S. ____ (2026)
17
Opinion of the Court
Louisiana and the Robinson intervenors appealed the decision directly to this Court, and the Court noted probable jurisdiction. 604 U. S. 1007 (2024). See 28 U. S. C. §1253.
After an initial round of briefing and argument last Term,
the Court restored these cases to the calendar for reargument this Term. See 606 U. S. 923 (2025). We ordered supplemental briefing on the following question: “Whether the
State’s intentional creation of a second majority-minority
congressional district violates the Fourteenth or Fifteenth
Amendments to the U. S. Constitution.” 606 U. S. 993
(2025). And because the State’s intentional creation of a
second majority-minority district had been prompted by an
order suggesting that such a district is required by the Voting Rights Act, our question necessarily implicated the correctness of our longstanding assumption that compliance
with the Voting Rights Act may justify what the Constitution generally condemns: the use of race as a basis for government action. This question was pending in several
lower-court cases, but in light of the potential impact of
those cases on upcoming elections, we concluded that resolution of the question in this suit was appropriate.
III
A
In considering whether the Constitution permits the intentional use of race to comply with the Voting Rights Act,
we start with the general rule that the Constitution almost
never permits the Federal Government or a State to discriminate on the basis of race. Such discrimination triggers
strict scrutiny, and our precedents have identified “only two
compelling interests” that can satisfy that standard. SFFA,
600 U. S., at 207. One compelling interest, not relevant
here, is “avoiding imminent and serious risks to human
safety in prisons, such as a race riot.” Ibid.; see Johnson v.
California, 543 U. S. 499, 512–513 (2005). The only other
compelling interest we have found is “remediating specific,