Cite as: 585 U. S. ____ (2018)
21
Opinion of the Court
stitutional, this would seriously and irreparably harm17
the State, and only an interlocutory appeal can protect
that State interest. See Carson, supra, at 89–90. As a
result, §1253 provides jurisdiction.
III
We now turn to the merits of the appeal. The primary
question is whether the Texas court erred when it required the State to show that the 2013 Legislature somehow purged the “taint” that the court attributed to the
defunct and never-used plans enacted by a prior legislature in 2011.
A
Whenever a challenger claims that a state law was
enacted with discriminatory intent, the burden of proof
lies with the challenger, not the State. Reno v. Bossier
Parish School Bd., 520 U. S. 471, 481 (1997). This rule
takes on special significance in districting cases.
Redistricting “is primarily the duty and responsibility of
the State,” and “[f]ederal-court review of districting legislation represents a serious intrusion on the most vital of
local functions.” Miller v. Johnson, 515 U. S. 900, 915
(1995) (internal quotation marks omitted). “[I]n assessing
the sufficiency of a challenge to a districting plan,” a court
“must be sensitive to the complex interplay of forces that
enter a legislature’s redistricting calculus.” Id., at 915–
916. And the “good faith of [the] state legislature must be
presumed.” Id., at 915.
The allocation of the burden of proof and the presumption of legislative good faith are not changed by a finding
of past discrimination. “[P]ast discrimination cannot, in
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17 The
dissent argues that we give “short shrift” to the irreparable
harm question, post, at 16, but the inability to enforce its duly enacted
plans clearly inflicts irreparable harm on the State, see, e.g., Maryland
v. King, 567 U. S. 1301 (2012) (ROBERTS, C. J., in chambers).