Louisiana v. Callais · ¶107

Even if the Robinson plaintiffs had met their burden on the Gingles preconditions, they still would have failed to show an objective likelihood of intentional discrimination based on the totality of circumstances. The Robinson court went through the nine Senate Report factors, but none of the evidence it cited showed even a plausible likelihood of intentional discrimination by the State. Much of the cited evidence—such as the low number of black Louisianans who have been elected to Congress in recent decades—failed to disentangle race from politics. See 605 F. Supp. 3d, at 845– 846. Indeed, the court observed that black voters have been aligned with the Democratic party for decades and that issues discussed by that party appealed to black voters. Id., at 845. Those observations should have undercut, not strengthened, any showing of intentional racial discrimination because race and…

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