Reno v. Bossier Parish School Bd., 528 U.S. 320, 24 (2000)

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Cite as: 528 U. S. 320 (2000)

Opinion of Souter, J.

prong of § 5, it is not only crucial to my resolution of these cases, but insistent in the way it points up the implausibility of the Court's reading of purpose under § 5.

I

In Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252 (1977), this Court set out a checklist of considerations for assessing evidence going to discriminatory intent: the historical background of a challenged decision, its relative impact on minorities, specific antecedent events, departures from normal procedures, and contemporary statements of decisionmakers. Id., at 266-268. We directed the District Court to follow that checklist in enquiring into discriminatory intent following remand in these cases, Reno v. Bossier Parish School Bd., 520 U. S. 471, 488 (1997) (Bossier Parish I). The Arlington Heights enquiry reveals the following account of the School Board's redistricting activity and of the character of the parish in which it occurred.

The parish's institution of general governance is known as the Police Jury, a board of representatives chosen from districts within the parish. After the 1990 census showed a numerical malapportionment among those districts, the Police Jurors prepared a revised districting plan, which they submitted to the Attorney General of the United States with a request for the preclearance necessary under § 5 of the Voting Rights Act before the parish, a covered jurisdiction, could modify its voting district lines. Based on information then available to the Department of Justice, the Attorney General understood the parish to have shown that the new plan would not have the effect and did not have the purpose of abridging the voting rights of the parish's 20% black population, and the revised Police Jury plan received pre-clearance in the summer of 1991. In fact, as the parish's School Board has now admitted, the Police Jury plan thus approved dilutes the voting strength of the minority popula-

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