Cite as: 594 U. S. ____ (2021)
13
Opinion of the Court
here, that specify the time, place, or manner for casting ballots. Each of the parties advocated a different test, as did
many amici and the courts below. In a brief filed in December in support of petitioners, the Department of Justice proposed one such test but later disavowed the analysis in that
brief. 8 The Department informed us, however, that it did
not disagree with its prior conclusion that the two provisions of Arizona law at issue in these cases do not violate §2
of the Voting Rights Act. 9 All told, no fewer than 10 tests
have been proposed. But as this is our first foray into the
area, we think it sufficient for present purposes to identify
certain guideposts that lead us to our decision in these
cases.
III
A
We start with the text of VRA §2. It now provides:
“(a) No voting qualification or prerequisite to voting
or standard, practice, or procedure shall be imposed or
applied by any State or political subdivision in a manner which results in a denial or abridgement of the
right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 10303(f )(2) of this title, as
provided in subsection (b).
“(b) A violation of subsection (a) is established if,
based on the totality of circumstances, it is shown 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 class of citizens
protected by subsection (a) in that its members have
less opportunity than other members of the electorate
——————
8 Letter from E. Kneedler, Deputy Solicitor General, to S. Harris, Clerk
of Court (Feb. 16, 2021).
9 Ibid.