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LOUISIANA v. CALLAIS
Opinion of the Court
That brings us to the third significant post-Gingles development: this Court’s decision in Rucho. In that decision, we
held that claims of partisan gerrymandering are not justiciable in federal court. See 588 U. S., at 704–710. The upshot of Rucho was that, as far as federal law is concerned,
a state legislature may use partisan advantage as a factor
in redistricting. And litigants cannot circumvent that rule
by dressing their political-gerrymandering claims in racial
garb. Imposing liability “based on the racial effects of a political gerrymander in a jurisdiction in which race and partisan preference are very closely correlated . . . would, if accepted, provide a convenient way for future litigants and
lower courts to sidestep our holding in Rucho that partisangerrymandering claims are not justiciable in federal court.”
Alexander, 602 U. S., at 21. “Instead of claiming that a
State impermissibly set a target Republican-Democratic
breakdown, a plaintiff could simply reverse-engineer the
partisan data into racial data and argue that the State impermissibly set a particular [racial] target. Our decisions
cannot be evaded with such ease.” Ibid.
The fourth significant development since Gingles is the
increased use and capabilities of computers in drawing districts and creating illustrative maps. With “modern computer technology” at the ready, §2 plaintiffs invariably invoke the assistance of experts who can generate
thousands—or even millions—of maps. Allen, 599 U. S., at
23; see id., at 33, 36 (involving more than 2 million expertgenerated maps). Computer algorithms can “easily contro[l] for partisan preferences” and “other redistricting factors such as compactness and county splits.” Alexander,
602 U. S., at 25. With the advent of such technology, if it is
possible to identify an alternative map that fully achieves
all the State’s legitimate goals while producing “ ‘greater racial balance,’ ” then a §2 plaintiff can easily do so. Id., at
34–35 (quoting Cromartie II, 532 U. S., at 258).
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