Cite as: 585 U. S. ____ (2018)
27
Opinion of the Court
The court below discounted this direct evidence, but its
reasons for doing so are not sound. The court stated that
the “strategy” of the 2013 Legislature was to “insulate [the
plans] from further challenge, regardless of [the plans’]
legal infirmities.” 274 F. Supp. 3d, at 650; see also id., at
651, n. 45. But there is no evidence that the Legislature’s
aim was to gain acceptance of plans that it knew were
unlawful.20 Indeed, there is no evidence that the Legislature thought that the plans were invalid—and as we will
explain, the Legislature had sound reasons to believe just
the opposite.21
The District Court found it significant that the Legislature must have realized that enacting the interim plans
would not “end the litigation,” because it knew that at
least some plaintiffs would pursue their challenges anyway. Id., at 651, n. 45. But even if, as seems likely, the
Legislature did not think that all the plaintiffs would
immediately abandon all their claims, it does not follow
——————
20 The dissent and the District Court attach much meaning to the
attorney general’s use of the term “insulate” when he advised the
Legislature to adopt the District Court’s plans to avoid further legal
challenge. Setting aside that the word “insulate” is a common term
used to describe minimizing legal concerns, the context of the letter
makes clear that the attorney general was trying to make the point
that adopting these plans was the best method of obtaining legal
compliance, not the start of a grand conspiracy to trick the District
Court. Indeed, if his plan was to dupe the District Court, shouting it to
the world in a public letter was an odd way to go about it.
21 In any event, the Texas court was simply wrong that Texas believed its plans would be free from any legal challenge. 274 F. Supp. 3d
624, 651 (2017). Texas consistently acknowledged that effects claims
would continue to be available and responded in detail to those arguments in both the District Court and this Court. See Brief for Appellants 64; Defendants’ Post-Trial Brief, Doc. No. 1526, p. 53. Moreover,
Texas has not argued that intentional discrimination claims are unavailable; it has instead argued that intent must be assessed with
respect to the 2013 Legislature, the Legislature that actually enacted
the plans at issue.
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