32
ABBOTT v. PEREZ
Opinion of the Court
It is indicative of the District Court’s mistaken approach
that it inferred bad faith from Texas’s decision to take an
appeal to this Court from the D. C. court’s decision denying preclearance. See 274 F. Supp. 3d, at 649 (“Defendants did not accept [these findings] and instead appealed
to the Supreme Court”). Congress gave the State the right
to appeal, and no bad motive can be inferred from its
decision to make use of this right—unless of course the
State had no reasonable grounds for appeal. Before our
decision in Shelby County mooted Texas’s appeal to this
Court from the D. C. court’s preclearance decision, Texas
filed a jurisdictional statement claiming that the D. C.
court made numerous errors, but the Texas court made no
attempt to show that Texas’s arguments were frivolous.
As a final note, appellees assert that the 2013 Legislature should have either defended the 2011 plans in litigation or gone back to the drawing board and devised entirely new plans, Brief for Appellees in No. 17–626, at 45, but
there is no reason why the Legislature’s options should be
limited in this way. It was entirely permissible for the
Legislature to favor a legitimate option that promised to
simplify and reduce the burden of litigation. That the
Legislature chose this course is not proof of discriminatory
intent.
IV
Once the Texas court’s intent finding is reversed, there
remain only four districts that were invalidated on alternative grounds. For three of these districts, the District
Court relied on the “effects” test of §2. We reverse as to
each of these, but we affirm the District Court’s final
holding that HD90 is a racial gerrymander.
——————
ance proceeding was on the State. Texas v. United States, 887 F. Supp.
2d 133, 151 (DC 2012). Particularly where race and partisanship can
so often be confused, see supra, at 3, and n. 3, the burden of proof may
be crucial.
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