Cite as: 599 U. S. ____ (2023)
27
Opinion of the Court
But even if the maps created by Dr. Duchin and Dr. Imai
were adequate comparators, we could not adopt the mapcomparison test that Alabama proposes. The test is flawed
in its fundamentals. Districting involves myriad considerations—compactness, contiguity, political subdivisions,
natural geographic boundaries, county lines, pairing of incumbents, communities of interest, and population equality. See Miller, 515 U. S., at 916. Yet “[q]uantifying, measuring, prioritizing, and reconciling these criteria” requires
map drawers to “make difficult, contestable choices.” Brief
for Computational Redistricting Experts as Amici Curiae 8
(Redistricting Brief ). And “[i]t is easy to imagine how different criteria could move the median map toward different
. . . distributions,” meaning that “the same map could be
[lawful] or not depending solely on what the mapmakers
said they set out to do.” Rucho v. Common Cause, 588 U. S.
___, ___–___ (2019) (slip op., at 27–28). For example, “the
scientific literature contains dozens of competing metrics”
on the issue of compactness. Redistricting Brief 8. Which
one of these metrics should be used? What happens when
——————
THOMAS, J.); see also post, at 15, n. 9, 16. In doing so, that dissent ignores
Dr. Duchin’s testimony that—when using the correct census data—the
“randomized algorithms” she employed “found plans with two majorityblack districts in literally thousands of different ways.” MSA 316–317.
The principal dissent and the dissent by JUSTICE ALITO also ignore
Duchin’s testimony that “it is certainly possible” to draw the illustrative
maps she produced in a race-blind manner. 2 App. 713. In that way,
even the race-blind standard that the dissents urge would be satisfied
here. See post, at 21 (opinion of THOMAS, J.); post, at 6 (opinion of ALITO,
J.). So too could that standard be satisfied in every §2 case; after all, as
Duchin explained, any map produced in a deliberately race-predominant
manner would necessarily emerge at some point in a random, race-neutral process. 2 App. 713. And although JUSTICE ALITO voices support for
an “old-school approach” to §2, even that approach cannot be squared
with his understanding of Gingles. Post, at 6. The very reason a plaintiff
adduces a map at the first step of Gingles is precisely because of its racial
composition—that is, because it creates an additional majority-minority
district that does not then exist.
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