36
ABBOTT v. PEREZ
Opinion of the Court
supra, at 425–426, and it is hard to see how this standard
could be met if the alternative to the districting decision at
issue would not enhance the ability of minority voters to
elect the candidates of their choice.
The only plaintiff that pressed a §2 claim with respect to
HD32 and HD34 was MALC, 267 F. Supp. 3d, at 767, and
as the District Court recognized, that group’s own expert
determined that it was not possible to divide Nueces
County into more than one performing Latino district. In
his analysis, the expert relied on Nueces County election
returns for statewide elections between 2010 and 2016.
Id., at 775–776. Based on this data, he calculated that
when both HD32 and HD34 were maintained as Latinomajority districts, one performed for Latinos in only 7 out
of 35 relevant elections, and the other did so in none of the
35 elections. Ibid. In order to create two performing
districts in that area, it was necessary, he found, to break
county lines in multiple places, id., at 778, but the District
Court held that “breaking the County Line Rule” in the
Texas Constitution, see Art. III, §26, to “remove Anglos
and incorporate even more Hispanics to improve electoral
outcomes goes beyond what §2 requires.” 267 F. Supp. 3d,
at 783. So if Texas could not create two performing districts in Nueces County and did not have to break county
lines, the logical result is that Texas did not dilute the
Latino vote.
The court refused to accept this conclusion, but its reasons for doing so cannot stand up. As an initial matter,
the court thought that the two districts would have to be
redrawn based on its finding regarding the intent of the
2013 Legislature,26 and it therefore deferred a final deci——————
26 The District Court also purported to find a violation of the “one
person, one vote” principle in Nueces County, 267 F. Supp. 3d 750, 783
(2017); H. J. S. 254a–255a, but that finding was in actuality a restatement of its racial discrimination finding. The population deviations
from the ideal are quite small (-0.34% in HD32 and 3.29% in HD34, id.,
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