Cite as: 585 U. S. ____ (2018)
25
Opinion of the Court
the 2013 Legislature addressed the known discrimination
that motivated” the districts approved by that Court in
2012. Post, at 31. The dissent quotes the District Court’s
statement that “ ‘there is no indication that the Legislature looked to see whether any discriminatory taint remained in the plans.’ ” Post, at 23 (quoting 274 F. Supp.
3d, at 649). And there is also this: “Texas was just ‘not
truly interested in fixing any remaining discrimination in
[its 2011 maps].’ ” Post, at 22 (quoting 274 F. Supp. 3d, at
651, n. 45). The District Court’s true mode of analysis is
so obvious that the dissent cannot help but repeat it. And
that approach was fundamentally flawed and demands
reversal.
While a district court’s finding of fact on the question of
discriminatory intent is reviewed for clear error, see
Cromartie, 532 U. S., at 242, whether the court applied the
correct burden of proof is a question of law subject to
plenary review, U. S. Bank N. A. v. Village at Lakeridge,
LLC, 583 U. S. ___, ___ (2018) (slip op., at 5); Highmark
Inc. v. Allcare Health Management System, Inc., 572 U. S.
___, ___ (2014) (slip op., at 4). And when a finding of fact
is based on the application of an incorrect burden of proof,
the finding cannot stand. Bose Corp. v. Consumers Union
of United States, Inc., 466 U. S. 485, 501 (1984) (“An appellate cour[t has] power to correct errors of law, including
those that . . . infect . . . a finding of fact that is predicated
on a misunderstanding of the governing rule of law”).
B
In holding that the District Court disregarded the presumption of legislative good faith and improperly reversed
the burden of proof, we do not suggest either that the
intent of the 2011 Legislature is irrelevant or that the
plans enacted in 2013 are unassailable because they were
previously adopted on an interim basis by the Texas court.
Rather, both the intent of the 2011 Legislature and the
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