Easley v. Cromartie, 532 U.S. 234, 17 (2001)

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250

EASLEY v. CROMARTIE

Opinion of the Court

the District Court). He also said he was not aware of "any-thing about political dynamics going on in the [l]egislature involving" District 12, id., at 135, sometimes expressing disdain for a process that we have cautioned courts to respect, id., at 150-151; Miller, 515 U. S., at 915-916.

Other portions support Dr. Weber's conclusions. Dr. Weber testified, for example, about a different alternative plan that, in his view, would have provided both greater racial balance and political security, namely, a plan that the legislature did enact in 1998, and which has been in effect during the time the courts have been reviewing the constitutionality of the 1997 plan. App. 156-157. The existence of this alternative plan, however, cannot help appellees significantly. Although it created a somewhat more compact district, it still divides many communities along racial lines, while providing fewer reliably Democratic District 12 voters and transferring a group of highly Democratic precincts into two safely Republican districts, namely, the 5th and 6th Districts, which political result the 1997 plan sought to avoid. See Tr. 352, 355. Furthermore, the 1997 plan before this Court, unlike the 1998 plan, joined three major cities in a manner legislators regarded as reflecting "a real commonality of urban interests, with inner city schools, urban health care . . . problems, public housing problems." App. 430 (statement of Sen. Winner); see also id., at 421 (statement of Sen. Martin). Consequently, we cannot tell whether the existence of the 1998 plan shows that the 1997 plan was drawn with racial considerations predominant. And, in any event, the District Court did not rely upon the existence of the 1998 plan to support its ultimate conclusion. See Kelley v. Everglades Drainage Dist., 319 U. S. 415, 420-422 (1943) (per curiam).

We do not see how Dr. Weber's testimony, taken as a whole, could have provided more than minimal support for the District Court's conclusion that race predominantly underlay the legislature's districting decision.

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