490
Thomas, J., concurring
of dilutive impact is irrelevant even to an inquiry into retrogressive intent, a notion we reject. See supra, at 486-488.
The Board contends that the District Court actually "presumed that white majority districts had [a dilutive] effect," Brief for Appellee 35, and "cut directly to the dispositive question 'started' by the existence of [a dilutive] impact: did the Board have 'legitimate, nondiscriminatory motives' for adopting its plan[?]" Id., at 33. Even if the Board were correct, the District Court gave no indication that it was assuming the plan's dilutive effect, and we hesitate to attribute to the District Court a rationale it might not have employed. Because we are not satisfied that the District Court considered evidence of the dilutive impact of the Board's redistricting plan, we vacate this aspect of the District Court's opinion. The District Court will have the opportunity to apply the Arlington Heights test on remand as well as to address appellants' additional arguments that it erred in refusing to consider evidence that the Board was in violation of an ongoing injunction "to 'remedy any remaining vestiges of [a] dual [school] system,' " 907 F. Supp., at 449, n. 18.
* * *
The judgment of the District Court is vacated, and the case is remanded for further proceedings consistent with this decision. It is so ordered.
Justice Thomas, concurring.
Although I continue to adhere to the views I expressed in Holder v. Hall, 512 U. S. 874, 891 (1994) (opinion concurring in judgment), I join today's opinion because it is consistent with our vote dilution precedents. I fully anticipate, however, that as a result of today's holding, all of the problems we have experienced in § 2 vote dilution cases will now be replicated and, indeed, exacerbated in the § 5 retrogression inquiry.
I have trouble, for example, imagining a reapportionment change that could not be deemed "retrogressive" under our
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