Cite as: 594 U. S. ____ (2021)
1
GORSUCH, J., concurring
SUPREME COURT OF THE UNITED STATES
_________________
Nos. 19–1257 and 19–1258
_________________
MARK BRNOVICH, ATTORNEY GENERAL OF
ARIZONA, ET AL., PETITIONERS
19–1257
v.
DEMOCRATIC NATIONAL COMMITTEE, ET AL.
ARIZONA REPUBLICAN PARTY, ET AL.,
PETITIONERS
19–1258
v.
DEMOCRATIC NATIONAL COMMITTEE, ET AL.
ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[July 1, 2021]
JUSTICE GORSUCH, with whom JUSTICE THOMAS joins,
concurring.
I join the Court’s opinion in full, but flag one thing it does
not decide. Our cases have assumed—without deciding—
that the Voting Rights Act of 1965 furnishes an implied
cause of action under §2. See Mobile v. Bolden, 446 U. S.
55, 60, and n. 8 (1980) (plurality opinion). Lower courts
have treated this as an open question. E.g., Washington v.
Finlay, 664 F. 2d 913, 926 (CA4 1981). Because no party
argues that the plaintiffs lack a cause of action here, and
because the existence (or not) of a cause of action does not
go to a court’s subject-matter jurisdiction, see Reyes Mata
v. Lynch, 576 U. S. 143, 150 (2015), this Court need not and
does not address that issue today.
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