General Discussion

Scathing dissent from Justice Kagan:

"[T]his Court reverses that judgment based on its perusal, over a holiday weekend, of a cold paper record. We are a higher court than the District Court, but we are not a better one when it comes to making such a fact-based decision. That is why we are supposed to use a clear-error standard of review—why we are supposed to uphold the District Court’s decision that race-based line-drawing occurred (even if we would have ruled differently) so long as it is plausible. Without so much as a word about that standard, this Court today announces that Texas may run next year's elections with a map the District Court found to have violated all our oft-repeated strictures about the use of race in districting. Today's order disrespects the work of a District Court that did everything one could ask to carry out its charge—that put aside every consideration except getting the issue before it right. And today's order disserves the millions of Texans whom the District Court found were assigned to their new districts based on their race. Because this Court's precedents and our Constitution demand better, I respectfully dissent."