Here's another piece on this case.
The Texas and US Solicitors General raised what would seem to be a pretty persuasive technical point against the plaintiffs:
Emphasis mine.
To me, the whole CVAP thing is silly. If your goal is to equalize voters between districts, then just make the standard a minimum deviation in the total # of votes cast in each district in the zero-year election (or most recent presidential election if preferred). I would certainly hope we would always have an accurate official record of that!
But CVAP is usually the standard of counting in districts for the VRA. CVAP is used there to give minorities the ability to elect the candidate of their choice. If CVAP is what gives minorities fair access under the VRA, the argument is that it should be what gives everyone fair access to representatives.
