2
COOPER v. HARRIS
Opinion of the Court
omitted). When a voter sues state officials for drawing
such race-based lines, our decisions call for a two-step
analysis.
First, the plaintiff must prove that “race was the predominant factor motivating the legislature’s decision to
place a significant number of voters within or without a
particular district.” Miller v. Johnson, 515 U. S. 900, 916
(1995). That entails demonstrating that the legislature
“subordinated” other factors—compactness, respect for
political subdivisions, partisan advantage, what have
you—to “racial considerations.” Ibid. The plaintiff may
make the required showing through “direct evidence” of
legislative intent, “circumstantial evidence of a district’s
shape and demographics,” or a mix of both. Ibid.1
Second, if racial considerations predominated over
others, the design of the district must withstand strict
scrutiny. See Bethune-Hill, 580 U. S., at ____ (slip op., at
13). The burden thus shifts to the State to prove that its
race-based sorting of voters serves a “compelling interest”
and is “narrowly tailored” to that end. Ibid. This Court
has long assumed that one compelling interest is complying with operative provisions of the Voting Rights Act of
1965 (VRA or Act), 79 Stat. 437, as amended, 52 U. S. C.
§10301 et seq. See, e.g., Shaw v. Hunt, 517 U. S. 899, 915
(1996) (Shaw II).
Two provisions of the VRA—§2 and §5—are involved in
this case. §§10301, 10304. Section 2 prohibits any
“standard, practice, or procedure” that “results in a denial
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1 A plaintiff succeeds at this stage even if the evidence reveals that a
legislature elevated race to the predominant criterion in order to
advance other goals, including political ones. See Bush v. Vera, 517
U. S. 952, 968–970 (1996) (plurality opinion) (holding that race predominated when a legislature deliberately “spread[ ] the Black population”
among several districts in an effort to “protect[ ] Democratic incumbents”); Miller v. Johnson, 515 U. S. 900, 914 (1995) (stating that the
“use of race as a proxy” for “political interest[s]” is “prohibit[ed]”).