26
COOPER v. HARRIS
Opinion of the Court
to use race” in designing District 12, Hofeller added a
qualification: “except perhaps with regard to Guilford
County.” Id., at 2791; see id., at 2790. As the District
Court understood, that is the kind of “exception” that goes
pretty far toward swallowing the rule. District 12 saw a
net increase of more than 25,000 black voters in Guilford
County, relative to a net gain of fewer than 35,000 across
the district: So the newly added parts of that county
played a major role in pushing the district’s BVAP over
50%. See id., at 384, 500–502.13 The District Court came
away from Hofeller’s self-contradictory testimony unpersuaded that this decisive influx of black voters was an
accident. Whether the racial make-up of the county was
displayed on his computer screen or just fixed in his head,
the court thought, Hofeller’s denial of race-based districting “r[ang] hollow.” 159 F. Supp. 3d, at 620, n. 8.
Finally, an expert report by Dr. Stephen Ansolabehere
lent circumstantial support to the plaintiffs’ race-notpolitics case. Ansolabehere looked at the six counties
overlapping with District 12—essentially the region from
which the mapmakers could have drawn the district’s
population. The question he asked was: Who from those
counties actually ended up in District 12? The answer he
found was: Only 16% of the region’s white registered
voters, but 64% of the black ones. See App. 321–322.
Ansolabehere next controlled for party registration, but
——————
13 The dissent charges that this comparison is misleading, but offers
no good reason why that is so. See post, at 29–30. It is quite true, as
the dissent notes, that another part of District 12 (in Mecklenburg
County) experienced a net increase in black voters even larger than the
one in Guilford County. See post, at 30. (The net increases in the two
counties thus totaled more than 35,000; they were then partially offset
by net decreases in other counties in District 12.) But that is irrelevant
to the point made here: Without the numerous black voters added to
District 12 in Guilford County—where the evidence most clearly
indicates voters were chosen based on race—the district would have
fallen well shy of majority-minority status.
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