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Syllabus
race-conscious redistricting; it concludes only that the finding of intentional discrimination was clear error. Pp. 158-160. 3. The District Court erred in holding that the plan violated the Fourteenth Amendment requirement that electoral districts be of nearly equal population. When the court found that the maximum total deviation from ideal district size exceeded 10%, appellees established a prima facie case of discrimination and appellants were required to justify the deviation. They attempted to do so, arguing that the deviation resulted from Ohio's constitutional policy in favor of preserving county boundaries. However, the District Court mistakenly held that total deviations in excess of 10% cannot be justified by a policy of preserving political subdivision boundaries. On remand, the court should consider whether the deviations from ideal district size are justified using the analysis employed in Brown v. Thomson, 462 U. S. 835, 843-846, and Mahan v. Howell, 410 U. S. 315, 325-330, which requires the court to determine whether the plan could reasonably be said to advance the State's policy, and, if it could, whether the resulting population disparities exceed constitutional limits. Pp. 160-162.
Reversed and remanded.
O'Connor, J., delivered the opinion for a unanimous Court.
N. Victor Goodman argued the cause for appellants. With him on the briefs were Orla E. Collier III, Mark D. Tucker, and David L. Shapiro.
Thomas G. Hungar argued the cause pro hac vice for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Dunne, Deputy Solicitor General Roberts, Deputy Assistant Attorney General Turner, David K. Flynn, and Mark L. Gross.
Armistead W. Gilliam, Jr., argued the cause for appellees. With him on the briefs was Thomas I. Atkins.*
*Briefs of amici curiae urging affirmance were filed for the NAACP Legal Defense and Educational Fund, Inc., et al. by Julius L. Chambers, Charles Stephen Ralston, C. Lani Guinier, and Pamela S. Karlan; and for Congressman Louis Stokes et al. by Abbe David Lowell and Jeffrey M. Wice.
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