Cite as: 608 U. S. ____ (2026)
5
Opinion of the Court
Bolden roused “ ‘an avalanche of criticism, both in the media and within the civil rights community.’ ” Allen v. Milligan, 599 U. S. 1, 11 (2023) (quoting T. Boyd & S. Markman,
The 1982 Amendments to the Voting Rights Act: A Legislative History, 40 Wash. & Lee L. Rev. 1347, 1355 (1983)).
Critics argued that a focus on discriminatory intent, rather
than discriminatory effects, would defeat worthy claims because of the difficulty of proving intentional discrimination.
See 599 U. S., at 11.
Members of Congress evidently shared these concerns.
In 1982, shortly after Bolden, Congress sought to abrogate
that decision by amending §2. A House bill was “originally
passed . . . under a loose understanding that §2 would prohibit all discriminatory ‘effects’ of voting practices, and that
intent would be ‘irrelevant,’ ” but “[t]his version met stiff resistance in the Senate.” Mississippi Republican Executive
Comm. v. Brooks, 469 U. S. 1002, 1010 (1984) (Rehnquist,
J., dissenting) (quoting H. R. Rep. No. 97–227, p. 29 (1981)).
Critics worried that an effects test would lead to “mandat[ory] racial proportionality in elections,” a scenario “regarded by many as intolerable.” Allen, 599 U. S., at 12. The
House and Senate eventually compromised, and the final
product included both an effects test in §2(a) and a “robust
disclaimer against proportionality” in §2(b). Id., at 13.
This latter provision also specifies what a plaintiff must
establish to prove a §2 violation. The provision requires
consideration of the “totality of circumstances” in each case
and demands proof that the “political processes leading to
nomination or election in the State or political subdivision
are not equally open to participation” by members of a protected class “in that its members have less opportunity than
other members of the electorate to participate in the political process and to elect representatives of their choice.” 52
U. S. C. §10301(b) (emphasis added). Congress took this
language almost verbatim from Justice White’s opinion for
the Court in White v. Regester, 412 U. S. 755 (1973), which