2
LOUISIANA v. CALLAIS
Syllabus
Held: Because the Voting Rights Act did not require Louisiana to create
an additional majority-minority district, no compelling interest justified the State’s use of race in creating SB8, and that map is an unconstitutional racial gerrymander. Pp. 17–36.
(a) The Constitution almost never permits a State to discriminate on
the basis of race, and such discrimination triggers strict scrutiny. The
Court’s precedents have identified “only two compelling interests” that
can satisfy strict scrutiny: “avoiding imminent and serious risks to human safety in prisons,” and “remediating specific, identified instances
of past discrimination that violated the Constitution or a statute.” Students for Fair Admissions, Inc. v. President and Fellows of Harvard
College, 600 U. S. 181. The question presented is whether compliance
with §2 of the Voting Rights Act should be added to this very short list
of compelling interests. The Court now holds that compliance with §2,
as properly construed, can provide such an interest. A proper interpretation of §2 requires examining the statutory text to understand what
it demands with respect to drawing legislative districts. Pp. 17–26.
(1) Under Section 2(a), the Court takes as a given that a legislative
districting map may constitute a “standard, practice, or procedure”
that may violate §2 if it “results in a denial or abridgement” of the right
to vote “on account of race or color.” Section 2(b) establishes that a
violation occurs when political processes are “not equally open to participation by” members of a racial group “in that [they] have less opportunity than other members of the electorate to . . . elect representatives of their choice.” The key concept is “less opportunity than other
members of the electorate,” which sets a baseline against which to assess the opportunity of minority voters. That baseline—the opportunity that any given group of voters has to elect their candidate of
choice—depends on the voting preferences of other voters in the district. For example, in a district where most voters prefer Democratic
candidates, a Republican voter in that district will have a low chance
of securing the election of his or her preferred candidate. The roster of
voters who end up in a given district depends, in turn, on the districting criteria the State uses to draw a legislative map. Thus, the “opportunity” of these “members of the electorate” to contribute their votes to
a winning cause is whatever opportunity results from the application
of the State’s combination of permissible districting criteria. That is
what a randomly selected individual voter and group of voters can expect regarding their opportunity to elect their preferred candidate.
Under §2, a minority voter is entitled to nothing less and nothing more.
Pp. 19–22.
(2) This interpretation is the best reading of the statutory text and
ensures that §2 of the Voting Rights Act does not exceed Congress’s
authority under §2 of the Fifteenth Amendment, which confers on