Cite as: 585 U. S. ____ (2018)
7
Opinion of the Court
H. J. S. 300a–315a.
While stressing the preliminary
nature of its determinations, see C. J. S. 368a; H. J. S.
314a–315a, the court found that some districts required
change and that others were lawful, C. J. S. 367a–423a;
H. J. S. 300a–315a. The court then adopted plans for the
State’s congressional districts and for both houses of the
State Legislature. (The plan for the State Senate is not at
issue.)
Both the congressional plan and the plan for the Texas
House departed significantly from the State’s 2011 plans.
At least 8 of the 36 congressional districts were markedly
altered, and 21 districts in the plan for the Texas House
were “substantially” changed. H. J. S. 314a; C. J. S. 397a–
408a.
In August 2012, the D. C. court denied preclearance of
the plans adopted by the Legislature in 2011, see Texas v.
United States, supra, so the State conducted the 2012
elections under the interim plans devised by the Texas
court. At the same time, Texas filed an appeal in this
Court contesting the decision of the D. C. court,7 but that
appeal ultimately died for two reasons.
First, the 2011 plans were repealed. The Texas attorney
general urged the Legislature to pass new redistricting
plans, C. J. S. 429a, and in his view, the “best way to
remedy the violations found by the D. C. court” was to
“adopt the [Texas court’s] interim plans as the State’s
permanent redistricting maps.” Id., at 432a. Doing so, he
said, would “confirm the legislature’s intent” to adopt “a
redistricting plan that fully comports with the law.” Id.,
at 429a.
The Governor called a special session to do just that,
and the Legislature complied. One of the legislative sponsors, Senator Seliger, explained that, although “ ‘the Texas
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7 Notice of Appeal in Texas v. United States, Civ. No. 11–cv–1303,
Doc. No. 234 (D DC, Aug. 31, 2012).