Cite as: 608 U. S. ____ (2026)
9
Opinion of the Court
was narrowly tailored to vindicate that interest. See, e.g.,
Students for Fair Admissions, Inc. v. President and Fellows
of Harvard College, 600 U. S. 181, 206 (2023) (SFFA).
The Court modified this framework for racial gerrymandering cases. Although any use of race in government decisionmaking generally triggers strict scrutiny, in gerrymandering cases a challenger must show that race was the
government’s predominant consideration. See Bush v.
Vera, 517 U. S. 952, 964 (1996) (plurality opinion). And in
cases where race predominated, States would sometimes
assert that compliance with the Voting Rights Act provided
a compelling interest justifying the use of race. Yet we
never decided whether compliance with the Act could constitute a compelling interest. Instead, we repeatedly assumed without deciding that the Voting Rights Act could
constitute a compelling interest because in all those cases,
the Act actually did not demand the State’s race-predominant districting. Thus, the States in those cases could not
satisfy strict scrutiny regardless of whether compliance
with the Voting Rights Act could provide a compelling interest.
The first case in which the Court explicitly made this assumption was Miller v. Johnson, 515 U. S. 900, 917–920
(1995),1 which concerned a majority-black district that was
designed to satisfy the Justice Department’s preclearance
demands under §5 of the Voting Rights Act. The Miller
Court first found that the legislature had “subordinated
traditional race-neutral districting principles, including but
not limited to compactness, contiguity, and respect for political subdivisions or communities defined by actual shared
interests, to racial considerations.” Id., at 916. For this
reason, the Court held, race had predominated in the creation of the new district, and the State had to “demonstrate
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1 Such an assumption may have been implicit in Shaw v. Reno, 509
U. S. 630, 653–656 (1993) (Shaw I ).