22 ABBOTT v. PEREZ Opinion of the Court the manner of original sin, condemn governmental action that is not itself unlawful.” Mobile, 446 U. S., at 74 (plurality opinion). The “ultimate question remains whether a discriminatory intent has been proved in a given case.” Ibid. The “historical background” of a legislative enactment is “one evidentiary source” relevant to the question of intent. Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 267 (1977). But we have never suggested that past discrimination flips the evidentiary burden on its head. Neither the District Court nor appellees have pointed to any authority that would justify shifting the burden. The appellees rely primarily on Hunter v. Underwood, 471 U. S. 222 (1985), but that case addressed a very different situation. Hunter involved an equal protection challenge to an article of the Alabama Constitution adopted in 1901 at a constitutional convention avowedly dedicated to the establishment of white supremacy. Id., at 228–230. The article disenfranchised anyone convicted of any crime on a long list that included many minor offenses. Id., at 226– 227. The court below found that the article had been adopted with discriminatory intent, and this Court accepted that conclusion. Id., at 229. The article was never repealed, but over the years, the list of disqualifying offenses had been pruned, and the State argued that what remained was facially constitutional. Id., at 232–233. This Court rejected that argument because the amendments did not alter the intent with which the article, including the parts that remained, had been adopted. Id., at 233. But the Court specifically declined to address the question whether the then-existing version would have been valid if ��[re]enacted today.” Ibid. In these cases, we do not confront a situation like the one in Hunter. Nor is this a case in which a law originally enacted with discriminatory intent is later reenacted by a different legislature. The 2013 Texas Legislature did not