Easley v. Cromartie, 532 U.S. 234, 13 (2001)

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246

EASLEY v. CROMARTIE

Opinion of the Court

Insofar as the District Court relied upon voting registration data, particularly data that were previously before us, it tells us nothing new; and the data do not help answer the question posed when we previously remanded this litigation. Cromartie, 526 U. S., at 551.

B

The District Court wrote that "[a]dditionally, [p]laintiffs' expert, Dr. Weber, showed time and again how race trumped party affiliation in the construction of the 12th District and how political explanations utterly failed to explain the composition of the district." 133 F. Supp. 2d, at 419. In support of this conclusion, the court relied upon six different citations to Dr. Weber's trial testimony. We have examined each reference.

1

At the first cited pages of the trial transcript, Dr. Weber says that a reliably Democratic voting population of 60% is sufficient to create a safe Democratic seat. App. 91. Yet, he adds, the legislature created a more-than-60% reliable Democratic voting population in District 12. Hence (we read Dr. Weber to infer), the legislature likely was driven by race, not politics. Tr. 163; App. 314-315.

The record indicates, however, that, although Dr. Weber is right that District 12 is more than 60% reliably Democratic, it exceeds that figure by very little. Nor did Dr. Weber ask whether other districts, unchallenged by appellees, were significantly less "safe" than was District 12. Id., at 148. In fact, the figures the legislature used showed that District 12 would be 63% reliably Democratic. App. to Juris. Statement 80a (Democratic vote over three representative elections averaged 63%). By the same measures, at least two Republican districts (Districts 6 and 10) are 61% reliably Republican. Ibid. And, as Dr. Weber conceded, incumbents might have urged legislators (trying to maintain a

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