Cite as: 532 U. S. 234 (2001)
Thomas, J., dissenting
Justice Thomas, with whom The Chief Justice, Justice Scalia, and Justice Kennedy join, dissenting.
The issue for the District Court was whether racial considerations were predominant in the design of North Carolina's Congressional District 12. The issue for this Court is simply whether the District Court's factual finding— that racial considerations did predominate—was clearly erroneous. Because I do not believe the court below committed clear error, I respectfully dissent.
I
The District Court's conclusion that race was the predominant factor motivating the North Carolina Legislature is a factual finding. See Hunt v. Cromartie, 526 U. S. 541, 549 (1999); Lawyer v. Department of Justice, 521 U. S. 567, 580 (1997); Shaw v. Hunt, 517 U. S. 899, 905 (1996); Miller v. Johnson, 515 U. S. 900, 910 (1995). See also Anderson v. Bessemer City, 470 U. S. 564, 573 (1985) ("[I]ntentional discrimination is a finding of fact . . ."). Accordingly, we should not overturn the District Court's determination unless it is clearly erroneous. See Lawyer, supra, at 580; Shaw, supra, at 910; Miller, supra, at 917. We are not permitted to reverse the court's finding "simply because [we are] convinced that [we] would have decided the case differently." Anderson, supra, at 573. "Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous." 470 U. S., at 574. We should upset the District Court's finding only if we are " 'left with the definite and firm conviction that a mistake has been committed.' " Id., at 573 (quoting United States v. United States Gypsum Co., 333 U. S. 364, 395 (1948)).
The Court does cite cases that address the correct standard of review, see ante, at 242, and does couch its conclusion in "clearly erroneous" terms, see ante, at 257-258. But these incantations of the correct standard are empty gestures, contradicted by the Court's conclusion that it must
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