Easley v. Cromartie, 532 U.S. 234, 16 (2001)

Page:   Index   Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Cite as: 532 U. S. 234 (2001)

Opinion of the Court

4

The District Court cited Dr. Weber's conclusion that "race is the predominant factor." Tr. 251. But this statement of the conclusion is no stronger than the evidence that underlies it.

5

The District Court's final citation is to Dr. Weber's assertion that there are other ways in which the legislature could have created a safely Democratic district without placing so many primarily African-American districts within District 12. Id., at 288. And we recognize that some such other ways may exist. But, unless the evidence also shows that these hypothetical alternative districts would have better satisfied the legislature's other nonracial political goals as well as traditional nonracial districting principles, this fact alone cannot show an improper legislative motive. After all, the Constitution does not place an affirmative obligation upon the legislature to avoid creating districts that turn out to be heavily, even majority, minority. It simply imposes an obligation not to create such districts for predominantly racial, as opposed to political or traditional, districting motivations. And Dr. Weber's testimony does not, at the pages cited, provide evidence of a politically practical alternative plan that the legislature failed to adopt predominantly for racial reasons.

6

In addition, we have read the whole of Dr. Weber's testimony, including portions not cited by the District Court. Some of those portions further undercut Dr. Weber's conclusions. Dr. Weber said, for example, that he had developed those conclusions while under the erroneous impression that the legislature's computer-based districting program provided information about racial, but not political, balance. App. 137-138; see also id., at 302 (reflecting Dr. Weber's erroneous impression in the declaration he submitted to

249

Page:   Index   Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: October 4, 2007