Voinovich v. Quilter, 507 U.S. 146, 2 (1993)

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Cite as: 507 U. S. 146 (1993)

Syllabus

resolving this case that appellees have stated a cognizable § 2 claim. Pp. 152-154. (b) Plaintiffs can prevail on a § 2 dilution claim only if they show that, under the totality of the circumstances, the State's apportionment scheme has the effect of diminishing or abridging the voting strength of the protected class. The District Court erred in holding that § 2 prohibits the creation of majority-minority districts unless such districts are necessary to remedy a statutory violation, since § 2 contains no per se prohibitions against any particular type of district. Instead, it focuses exclusively on the consequences of apportionment. The court also mistakenly placed the burden of justifying apportionment on Ohio by requiring appellants to justify the creation of majority-minority districts. Section 2(b) places at least the initial burden of proving an apportionment's invalidity on the plaintiff's shoulders. Although the federal courts may not order the creation of majority-minority districts unless necessary to remedy a violation of federal law, that prohibition does not extend to the States. The federal courts are barred from intervening in state apportionment in the absence of such a violation precisely because it is the domain of the States and not the federal courts to conduct apportionment in the first place. Pp. 154-157. (c) The District Court, had it applied the three-part vote-dilution test of Thornburg v. Gingles, 478 U. S. 30, 50-51, would have rejected appellees' § 2 claim on the ground that appellees failed to demonstrate Gingles' third precondition—sufficient white majority bloc voting to frustrate the election of the minority group's candidate of choice. The court specifically found, and appellees agree, that Ohio does not suffer from racially polarized voting. Pp. 157-158. 2. The District Court's holding that the board violated the Fifteenth Amendment by intentionally diluting minority voting strength for political reasons is clearly erroneous. Tilling's preference for federal over state law when he believed the two in conflict does not raise an inference of intentional discrimination; it demonstrates obedience to the Supremacy Clause. Nor does the fact that Tilling, a Republican, possessed Democratic documents speculating about possible discriminatory strategies Tilling might use demonstrate that Tilling in fact had such a discriminatory strategy. Nothing in the record indicates that Tilling relied on those documents in preparing the plan. Indeed, the record indicates that Tilling and the board relied on sources, such as the National Association for the Advancement of Colored People, Ohio Conference of Branches, that were wholly unlikely to engage in or tolerate intentional discrimination against black voters. This Court expresses no view on the relationship between the Fifteenth Amendment and

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