Page:Allen v. Milligan.pdf/64

Rh In affirming the District Court’s nonpredominance finding, the plurality glosses over these plain legal errors, and it entirely ignores Dr. Duchin’s plans—presumably because her own explanation of her method sounds too much like textbook racial predominance. Compare 2 App. 634 (“[A]fter … what I took to be nonnegotiable principles of population balance and seeking two majority-black districts, after that, I took contiguity as a requirement and compactness as paramount” (emphasis added)) and id., at 635 (“I took … county integrity to take precedence over the level of [black voting-age population] once that level was past 50 percent” (emphasis added)), with Bethune-Hill, 580 U. S., at 189 (explaining that race predominates when it “ ‘was the criterion that … could not be compromised,’ and race-neutral considerations ‘came into play only after the race-based decision had been made’ ” (quoting Shaw II, 517 U. S., at 907)), and Miller, 515 U. S., at 916 (explaining that race predominates when “the [mapmaker] subordinated traditional race-neutral districting principles … to racial