2
ABBOTT v. PEREZ
Opinion of the Court
Last year, however, the three-judge court reversed its
prior analysis and held that some of the districts in those
plans are unlawful. After reviewing the repealed 2011
plans, which had never been used, the court found that
they were tainted by discriminatory intent and that the
2013 Legislature had not “cured” that “taint.”
We now hold that the three-judge court committed a
fundamental legal error. It was the challengers’ burden to
show that the 2013 Legislature acted with discriminatory
intent when it enacted plans that the court itself had
produced. The 2013 Legislature was not obligated to show
that it had “cured” the unlawful intent that the court
attributed to the 2011 Legislature. Thus, the essential
pillar of the three-judge court’s reasoning was critically
flawed.
When the congressional and state legislative districts
are reviewed under the proper legal standards, all but one
of them, we conclude, are lawful.
I
A
The 2010 decennial census revealed that the population
of Texas had grown by more than 20% and the State was
therefore apportioned four additional seats in the United
States House of Representatives. C. J. S. 369a.1 To accommodate this new allocation and the population changes
shown by the census, the Legislature adopted a new congressional districting plan, as well as new districting maps
for the two houses of the State Legislature.
Redistricting is never easy, and the task was especially
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1 There are several appendixes in these cases. We use “App.” to refer
to the joint appendix filed at the merits stage. We use “C. J. S.” and
“H. J. S.” to refer to the appendixes attached to Texas’s jurisdictional
statements in No. 17–586 and No. 17–626, respectively. We use
“C. J. S. Findings” and “H. J. S. Findings” to refer to appellees’ supplemental appendixes in No. 17–586 and No. 17–626.