10
ABBOTT v. PEREZ
Opinion of the Court
Legislature, and it attributed this same intent to the 2013
Legislature because it had failed to “engage in a deliberative process to ensure that the 2013 plans cured any taint
from the 2011 plans.” 274 F. Supp. 3d, at 645–652; 267
F. Supp. 3d, at 757. The court saw “no indication that the
Legislature looked to see whether any discriminatory taint
remained in the plans.” 274 F. Supp. 3d, at 649. And it
faulted the State because it “did not accept [findings of the
D. C. court] and instead appealed to the Supreme Court.”
Ibid. Seeing no evidence that the State had undergone “a
change of heart,” the court concluded that the Legislature’s “decision to adopt the [District Court’s] plans” was a
“litigation strategy designed to insulate the 2011 or 2013
plans from further challenge, regardless of their legal
infirmities.” Id., at 649–650. Finally, summarizing its
analysis, the court reiterated that the 2011 Legislature’s
“discriminatory taint was not removed by the [2013] 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.
The Texas court’s decisions about CD35 and all but
three of the Texas House districts were based entirely on
its finding that the 2013 Legislature had not purged its
predecessor’s discriminatory intent. However, the court
also held that three districts—CD27, HD32, and HD34—
were invalid under §2 of the Voting Rights Act because
they had the effect of depriving Latinos of the equal opportunity to elect their candidates of choice. Id., at 682–686;
267 F. Supp. 3d, at 775–783. And the court found independent proof that HD90 was a racial gerrymander. Id.,
at 788–794.
The court held that violations in all these districts “must
be remedied.” 274 F. Supp. 3d, at 686; see also 267
F. Supp. 3d, at 795 (describing State House district violations that “must be remedied”). Mindful that October 1