Branch v. Smith, 538 U.S. 254, 25 (2003)

Page:   Index   Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

278

BRANCH v. SMITH

Opinion of Scalia, J.

ences" for redistricting, White v. Weiser, 412 U. S., at 795, as expressed in a State's statutes, constitution, proposed re-apportionment plans, see ibid., or a State's "traditional districting principles," Abrams v. Johnson, 521 U. S. 74, 86 (1997); see also Upham v. Seamon, 456 U. S. 37, 42-43 (1982) (per curiam). Thus, when a federal court redistricts a State in a manner that complies with that State's substantive districting principles, it does so " 'in the manner provided by the law thereof.' " See supra, at 274-275.* While it certainly remains preferable for the State's legislature to complete its constitutionally required redistricting pursuant to the requirements of § 2c, see Abrams, supra, at 101, or for the state courts to do so if they can, see Growe, 507 U. S., at 34, we have long since crossed the Rubicon that seems to impede the dissent, see, e. g., Baker v. Carr, 369 U. S. 186 (1962). When the State, through its legislature or other authorized body, cannot produce the needed decision, then federal courts are "left to embark on [the] delicate task" of redistricting, Abrams, supra, at 101.

The dissent claims that we have read the statutory phrase "[u]ntil a State is redistricted" to mean "[u]ntil . . . the election is so imminent that no entity competent to complete redistricting pursuant . . . to the mandate of § 2c . . . is able to do so without disrupting the election process." Post, at 298. From that premise, it proceeds to mount a vigorous (and, in the principles it espouses, highly edifying) "plain meaning" attack upon our holding. Unfortunately, the premise is patently false. We, no less than the dissent, acknowledge that

*Contrary to the dissent's assertion, post, at 300, n. 1, our reading creates no conflict with Pennhurst State School and Hospital v. Halderman, 465 U. S. 89 (1984). Here a federal court granted relief on the basis of federal law—specifically, the Federal Constitution. The District Court did not "instruc[t] state officials on how to conform their conduct to state law," id., at 106; rather, it deferred to the State's "policies and preferences" for redistricting, White v. Weiser, 412 U. S. 783, 795 (1973). Far from intruding on state sovereignty, such deference respects it.

Page:   Index   Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: October 4, 2007