Hunt, Governor of North Carolina v. Cromartie

532 U.S. 234, 121 S. Ct. 1452, 149 L. Ed. 2d 430, 2001 U.S. LEXIS 3206
Supreme Court of the United States·Decided April 30, 2001·No. 99-1864·Published

Opinions

Justice Breyer

delivered the opinion of the Court.

In this appeal, we review a three-judge District Court’s determination that North Carolina’s Legislature used race as the “predominant factor” in drawing its 12th Congressional District’s 1997 boundaries. The court’s findings, in our view, are clearly erroneous. We therefore reverse its conclusion that the State violated the Equal Protection Clause. U. S. Const., Arndt. 14, § 1.

I

This “racial districting” litigation is before us for the fourth time. Our first two holdings addressed North Carolina’s former Congressional District 12, one of two North Carolina congressional districts drawn in 1992 that contained a majority of African-American voters. See Shaw v. Reno, 509 U.S. 630 (1993) (Shaw I); Shaw v. Hunt, 517 U.S. 899 (1996) (Shaw II).

A

In Shaw I, the Court considered whether plaintiffs’ factual allegation — that the legislature had drawn the former district’s boundaries for race-based reasons — if true, could underlie a legal holding that the legislature had violated the Equal Protection Clause. The Court held that it could. It wrote that a violation may exist where the legislature’s boundary drawing, though “race neutral on its face,” none[238] theless can be understood only as an effort to “separate voters into different districts on the basis of race,” and where the “separation lacks sufficient justification.” 509 U. S., at 649.

In Shaw II, the Court reversed a subsequent three-judge District Court’s holding that the boundary-drawing law in question did not violate the Constitution. This Court found that the district’s “unconventional,” snakelike shape, the way in which its boundaries split towns and counties, its predominately African-American racial makeup, and its history, together demonstrated a deliberate effort to create a “majority-black” district in which race “could not be compromised,” not simply a district designed to “protec[t] Democratic incumbents.” 517 U. S., at 902-90B, 905-907. And the Court concluded that the legislature’s use of racial criteria was not justified. Id., at 909-918.

B

Our third holding focused on a new District 12, the boundaries of which the legislature had redrawn in 1997. Hunt v. Cromartie, 526 U.S. 541 (1999). A three-judge District Court, with one judge dissenting, had granted summary judgment in favor of those challenging the district’s boundaries. The court found that the legislature again had “used criteria . . . that are facially race driven,” in violation of the Equal Protection Clause. App. to Juris. Statement in No. 99-1864, p. 262a (hereinafter App. to Juris. Statement). It based this conclusion upon “uncontroverted material facts” showing that the boundaries created an unusually shaped district, split counties and cities, and in particular placed almost all heavily Democratic-registered, predominantly African-American voting preeinets, inside the district while locating some heavily Democratic-registered, predominantly white precincts, outside the district. This latter circumstance, said the court, showed that the legislature was trying to maximize new District 12’s African-[239] American voting strength, not the district’s Democratic voting strength. Ibid.

This Court reversed. We agreed with the District Court that the new district’s shape, the way in which it split towns and counties, and its heavily African-American voting population all helped the plaintiffs’ case. 526 U.S., at 547-549. But neither that evidence by itself, nor when coupled with the evidence of Democratic registration, was sufficient to show, on summary judgment, the unconstitutional race-based objective that plaintiffs claimed. That is because there was a genuine issue of material fact as to whether the evidence also was consistent with a constitutional political objective, namely, the creation of a safe Democratic seat. Id., at 549-551.

We pointed to the affidavit of an expert witness for defendants, Dr. David W. Peterson. Dr. Peterson offered to show that, because North Carolina’s African-American voters are overwhelmingly Democratic voters, one cannot easily distinguish a legislative effort to create a majority-African-Ameriean district from a legislative effort to create a safely Democratic district. Id., at 550. And he also provided data showing that registration did not indicate how voters would actually vote. Id., at 550-551. We agreed that data showing how voters actually behave, not data showing only how those voters are registered, could affect the outcome of this litigation. Ibid. We concluded that the case was “not suited for summary disposition” and we reversed the District Court. Id., at 554.

C

On remand, the parties undertook additional discovery. The three-judge District Court held a 3-day trial. And the court again held (over a dissent) that the legislature had unconstitutionally drawn District 12’s new 1997 boundaries. It found that the legislature had tried “(1) [to] eur[e] the [previous district’s] constitutional defects” while also “(2) drawing the plan to maintain the existing partisan bal-[240] anee in the State’s congressional delegation.” Cromartie v. Hunt, 133 F. Supp. 2d 407, 413 (EDNC 2000). It added that to "achieve the second goal,” the legislature “drew the new plan (1) to avoid placing two incumbents in the same district and (2) to preserve the partisan core of the existing districts.” Ibid. The court concluded that the "plan as enacted largely reflects these directives.” Ibid. But the court also found “as a matter of fact that the General Assembly ... used criteria... that are facially race driven” without any compelling justification for doing so. Id., at 420.

The court based its latter, constitutionally critical, conclusion in part upon the district’s snakelike shape, the way in which it split cities and towns, and its heavily African-American (47%) voting population, id., at 413-415 — all matters that this Court had considered when it found summary judgment inappropriate, Cromartie, 526 U.S., at 544. The court also based this conclusion upon a specific finding — absent when we previously considered this litigation — that the legislature had drawn the boundaries in order “to collect precincts with high racial identification rather than political identification.” 133 F. Supp. 2d, at 420 (emphasis added).

This last-mentioned finding rested in turn upon five subsidiary determinations:

(1) that “the legislators excluded many heavily-Democratie precincts from District 12, even when those precincts immediately border the Twelfth and would have established a far more compact district,” id., at 419; see also id., at 421 ("more heavily Democratic precincts . . . were bypassed... in favor of precincts with a higher African-American population”);

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Hunt, Governor of North Carolina v. Cromartie, 532 U.S. 234, 121 S. Ct. 1452, 149 L. Ed. 2d 430, 2001 U.S. LEXIS 3206 (2001).

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