Cite as: 521 U. S. 74 (1997)
Breyer, J., dissenting
of compromises, deals, and principles.' " Bush v. Vera, 517 U. S. 952, 1059 (1996) (Souter, J., dissenting) (quoting Pildes & Niemi, Expressive Harms, "Bizarre Districts," and Voting Rights: Evaluating Election-District Appearances after Shaw v. Reno, 92 Mich. L. Rev. 483, 585-586 (1993)). District plans, like other legislative Acts, may reflect not only reasoned argument but also political pressures, brought to bear by many different individuals and groups using subtle or unsubtle suggestions, promises, or threats of votes, support, publicity, and even lawsuits.
How can a court say that a legislative Act is legitimate— that it reflects legislative preferences or policies—when those who reason or cajole (or threaten suit) are farmers, businessmen, or consumer groups, but that the same legislative Act becomes illegitimate—that it does not reflect "true" legislative policy or preference—simply because those who seek to persuade (or threaten suit) represent the Justice Department. One cannot say that the Justice Department's power is any less legitimate than that exercised by the many other groups that seek to influence legislative decisions; and its employees' sworn duty to uphold the law would seem more suitably characterized as a reason for paying greater attention to its views rather than as a reason for heeding them less. Regardless, I am not aware of any legal principle that supports the kind of distinction (among legislative pressures) that the District Court made; and the District Court's necessary reliance upon such a distinction, by itself, should warrant vacating the District Court's decision.
Moreover, what reason is there to believe that Georgia's Legislature did not "really" want the two majority-minority districts that its earlier plans created? There is—as I indicated earlier—evidence that a number of legislators did want two majority-minority districts. See supra, at 106. And the legislature was aware of Georgia's long, well-documented history of past discrimination in voting. See Busbee, supra; Rogers v. Lodge, 458 U. S. 613 (1982); Gray v.
107
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007