Cite as: 588 U. S. ____ (2019)
23
Opinion of the Court
intent” inquiry to determine whether race was, in fact, the
reason particular district boundaries were drawn the way
they were. If district lines were drawn for the purpose of
separating racial groups, then they are subject to strict
scrutiny because “race-based decisionmaking is inherently
suspect.” Miller, 515 U. S., at 915. See Bush, 517 U. S., at
959 (principal opinion). But determining that lines were
drawn on the basis of partisanship does not indicate that
the districting was improper. A permissible intent—
securing partisan advantage—does not become constitutionally impermissible, like racial discrimination, when
that permissible intent “predominates.”
The District Court tried to limit the reach of its test by
requiring plaintiffs to show, in addition to predominant
partisan intent, that vote dilution “is likely to persist” to
such a degree that the elected representative will feel free
to ignore the concerns of the supporters of the minority
party. 318 F. Supp. 3d, at 867. But “[t]o allow district
courts to strike down apportionment plans on the basis of
their prognostications as to the outcome of future elections
. . . invites ‘findings’ on matters as to which neither judges
nor anyone else can have any confidence.” Bandemer, 478
U. S., at 160 (opinion of O’Connor, J.). See LULAC, 548
U. S., at 420 (opinion of Kennedy, J.) (“[W]e are wary of
adopting a constitutional standard that invalidates a map
based on unfair results that would occur in a hypothetical
state of affairs.”). And the test adopted by the Common
Cause court requires a far more nuanced prediction than
simply who would prevail in future political contests.
Judges must forecast with unspecified certainty whether a
prospective winner will have a margin of victory sufficient
to permit him to ignore the supporters of his defeated
opponent (whoever that may turn out to be). Judges not
only have to pick the winner—they have to beat the point
spread.
The appellees assure us that “the persistence of a