Cite as: 532 U. S. 234 (2001)
Thomas, J., dissenting
court relied on objective measures of compactness, which show that District 12 is the most geographically scattered district in North Carolina, to support its conclusion that the district's design was not dictated by traditional districting concerns. 133 F. Supp. 2d, at 419. Although this evidence was available when we held that summary judgment was inappropriate, we certainly did not hold that it was irrelevant in determining whether racial gerrymandering occurred. On the contrary, we determined that there was a triable issue of fact. Moreover, although we acknowledged "that a district's unusual shape can give rise to an inference of political motivation," we "doubt[ed] that a bizarre shape equally supports a political inference and a racial one." Hunt, 526 U. S., at 547, n. 3. As we explained, "[s]ome districts . . . are 'so highly irregular that [they] rationally cannot be understood as anything other than an effort to segregat[e] . . . voters' on the basis of race." Ibid. (internal quotation marks omitted).
Second, the court relied on the expert opinion of Dr. Weber, who interpreted statistical data to conclude that there were Democratic precincts with low black populations excluded from District 12, which would have created a more compact district had they been included.4 133 F. Supp. 2d, at 419. And contrary to the Court's assertion, Dr. Weber did not merely examine the registration data in reaching his conclusions. Dr. Weber explained that he refoby virtue of their election in an unconstitutional racially gerrymandered district. No doubt this assumption is a questionable proposition. Because the issue was not presented in this action, however, I do not read the Court's opinion as addressing it.
4 I do not think it necessary to impose a new burden on appellees to show that districting alternatives would have brought about "significantly greater racial balance." Ante, at 258. I cannot say that it was impermissible for the court to conclude that race predominated in this action even if only a slightly better district could be drawn absent racial considerations. The District Court may reasonably have found that racial motivations predominated in selecting one alternative over another even if the net effect on racial balance was not "significant."
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