Cite as: 585 U. S. ____ (2018)
23
Opinion of the Court
reenact the plan previously passed by its 2011 predecessor. Nor did it use criteria that arguably carried forward
the effects of any discriminatory intent on the part of the
2011 Legislature. Instead, it enacted, with only very
small changes, plans that had been developed by the
Texas court pursuant to instructions from this Court “not
to incorporate . . . any legal defects.” Perry, 565 U. S.,
at 394.
Under these circumstances, there can be no doubt about
what matters: It is the intent of the 2013 Legislature. And
it was the plaintiffs’ burden to overcome the presumption
of legislative good faith and show that the 2013 Legislature acted with invidious intent.
The Texas court contravened these basic principles.
Instead of holding the plaintiffs to their burden of overcoming the presumption of good faith and proving discriminatory intent, it reversed the burden of proof. It imposed
on the State the obligation of proving that the 2013 Legislature had experienced a true “change of heart” and had
“engage[d] in a deliberative process to ensure that the
2013 plans cured any taint from the 2011 plans.” 274
F. Supp. 3d, at 649.
The Texas court’s references to the need to “cure” the
earlier Legislature’s “taint” cannot be dismissed as stray
comments. On the contrary, they were central to the
court’s analysis. The court referred repeatedly to the 2013
Legislature’s duty to expiate its predecessor’s bad intent,
and when the court summarized its analysis, it drove the
point home. It stated: “The discriminatory taint [from the
2011 plans] was not removed by the Legislature’s enactment of the Court’s interim plans, because the Legislature
engaged in no deliberative process to remove any such
taint, and in fact intended any such taint to be maintained
but be safe from remedy.” Id., at 686.18
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18 The dissent attempts to rehabilitate this statement by focusing on