Abrams v. Johnson, 521 U.S. 74, 33 (1997)

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Cite as: 521 U. S. 74 (1997)

Opinion of the Court

of a second majority-black district, the court found, adding that if it had the court "would have included one since Georgia's legislature probably would have done so." Id., at 1567, n. 16. The resulting plan contained one majority-black district, the Fifth. The plan split no counties outside the Atlanta area. The District Court rejected potential objections to the plan based on §§ 2 and 5 of the Voting Rights Act and the constitutional requirement of one person, one vote.

B

Given this background, appellants say, the District Court's plan violates our direction in Upham v. Seamon to take account of legislative preferences. In Upham, the District Court considered a reapportionment plan passed by the Texas Legislature. The Attorney General had objected under § 5 of the Voting Rights Act to a specific part of the plan, namely, the lines drawn for two contiguous districts in south Texas. He had approved the other 25 districts. The trial court, required to draw new lines, redrew not just the two districts found objectionable and their neighbors but also some unrelated districts in Dallas County, hundreds of miles to the north. 456 U. S., at 38. In the absence of a finding that the legislature's reapportionment plan offended either the Constitution or the Voting Rights Act, we held, the District Court "was not free . . . to disregard the political program" of the state legislature. Id., at 43. See also White v. Weiser, 412 U. S. 783, 797 (1973).

The instant action presents a quite different situation from

Upham, and for several reasons. In the first place, the pre-cleared plan is not owed Upham deference to the extent the plan subordinated traditional districting principles to racial considerations. Upham called on courts to correct—not follow—constitutional defects in districting plans. 456 U. S., at 43. In Miller, we found that when the Georgia Legislature yielded to the Justice Department's threats, it also adopted the Justice Department's entirely race-focused ap-

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