Bush v. Vera, 517 U.S. 952, 109 (1996)

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Cite as: 517 U. S. 952 (1996)

Opinion of O'Connor, J.

existing precinct lines and other natural or traditional divisions, is not merely evidentially significant; it is part of the constitutional problem insofar as it disrupts nonracial bases of political identity and thus intensifies the emphasis on race.

Nor is the United States' argument availing here. In determining that strict scrutiny applies here, we agreed with the District Court that in fact the bizarre shaping and non-compactness of these districts were predominantly attributable to racial, not political, manipulation. The United States' argument, and that of the dissent, post, at 1033-1035 (Stevens, J., dissenting), address the case of an otherwise compact majority-minority district that is misshapen by predominantly nonracial, political manipulation. See also post, at 1068 (Souter, J., dissenting) (raising "the possibility that a State could create a majority-minority district that does not coincide with the Gingles shape so long as racial data are not overused"). We disagree with the factual premise of Justice Stevens' dissent, that these districts were drawn using "racial considerations only in a way reasonably designed" to avoid a § 2 violation, post, at 1035. The districts before us exhibit a level of racial manipulation that exceeds what § 2 could justify.

B

The United States and the State next contend that the district lines at issue are justified by the State's compelling interest in "ameliorating the effects of racially polarized voting attributable to past and present racial discrimination." Brief for United States 32; Brief for Appellants Bush et al. 24-25. In support of that contention, they cite Texas' long history of discrimination against minorities in electoral processes, stretching from the Reconstruction to modern times, including violations of the Constitution and of the VRA. See, e. g., Williams v. Dallas, 734 F. Supp. 1317 (ND Tex. 1990); White v. Regester, 412 U. S. 755 (1973); Terry v. Adams, 345 U. S. 461 (1953); Smith v. Allwright, 321 U. S. 649 (1944); Nixon v. Condon, 286 U. S. 73 (1932); Nixon v.

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