Cite as: 585 U. S. ____ (2018)
31
Opinion of the Court
the D. C. court.” C. J. S. 432a. Chairman Darby similarly
stated that the 2013 plans fixed the errors found by the D. C.
court, Tr. 1498, 1584–1585 (July 14, 2017), as did Senator
Seliger, Joint Exh. 26.2, p. A–5.
There is nothing to suggest that the Legislature proceeded in bad faith—or even that it acted unreasonably—
in pursuing this strategy. Recall that we instructed the
Texas court, in developing the interim plans, to remedy
any §5 claim that was “not insubstantial.” Perry, 565
U. S., at 395. And that is just what the interim plans,
which the Legislature later enacted, attempted to do. For
instance, the D. C. court held that the congressional plan
had one too few “ability to elect” districts for Latinos,
largely because of changes to CD23, Texas, 887
F. Supp. 2d, at 156–159; the interim plan (and, by extension, the 2013 plan) amended CD23, C. J. S. 397a–399a.
Similarly, in the plan for the Texas House, the D. C. court
found §5 retrogression with respect to HD35, HD117, and
HD149, Texas, supra, at 167–175, and all of those districts
were changed in the 2013 plans, H. J. S. 305a–307a, 312a.
Although the D. C. court found that the 2011 Legislature acted with discriminatory intent in framing the congressional plan, that finding was based on evidence about
districts that the interim plan later changed. The D. C.
court was concerned about the intent reflected in the
drawing of CDs 9, 18, and 30, but all those districts were
amended by the Texas court. Texas, supra, at 159–160;
C. J. S. 406a–408a. With respect to the plan for the Texas
House, the D. C. court made no intent findings, but its
areas of concern were generally addressed by the Texas
court and the 2013 plans. Compare Texas, supra, at 178
(noting evidence of unlawful intent in HD117), with H. J. S.
307a (amending HD117).25
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25 In assessing the significance of the D. C. court’s evaluation of intent, it is important not to forget that the burden of proof in a preclear-
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