Bush v. Vera, 517 U.S. 952, 122 (1996)

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994

BUSH v. VERA

O'Connor, J., concurring

majority in a single-member district," (ii) "it is politically cohesive," and (iii) "the white majority votes sufficiently as a bloc to enable it . . . usually to defeat the minority's preferred candidate," Thornburg v. Gingles, 478 U. S., at 50-51.

Third, the state interest in avoiding liability under VRA § 2 is compelling. See supra, at 990-992; post, at 1033 (Stevens, J., dissenting); post, at 1065 (Souter, J., dissenting). If a State has a strong basis in evidence for concluding that the Gingles factors are present, it may create a majority-minority district without awaiting judicial findings. Its "strong basis in evidence" need not take any particular form, although it cannot simply rely on generalized assumptions about the prevalence of racial bloc voting.

Fourth, if a State pursues that compelling interest by creating a district that "substantially addresses" the potential liability, Shaw II, ante, at 918, and does not deviate substantially from a hypothetical court-drawn § 2 district for predominantly racial reasons, cf. ante, at 979 (plurality opinion) (explaining how District 30 fails to satisfy these criteria), its districting plan will be deemed narrowly tailored. Cf. ante, at 981 (plurality opinion) (acknowledging this possibility); post, at 1068 (Souter, J., dissenting) (same); post, at 1033- 1035 (Stevens, J., dissenting) (contending that it is applicable here).

Finally, however, districts that are bizarrely shaped and noncompact, and that otherwise neglect traditional districting principles and deviate substantially from the hypothetical court-drawn district, for predominantly racial reasons, are unconstitutional. See ante, at 979 (plurality opinion).

District 30 illustrates the application of these principles. Dallas County has a history of racially polarized voting. See, e. g., White v. Regester, 412 U. S. 755, 765-767 (1973); Lipscomb v. Wise, 399 F. Supp. 782, 785-786 (ND Tex. 1975), rev'd, 551 F. 2d 1043 (CA5 1977), rev'd, 437 U. S. 535 (1978). One year before the redistricting at issue here, a District Court invalidated under § 2 the Dallas City Council election

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