2
BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE
KAGAN, J., dissenting
litical equality remained a distant dream for African American citizens. Because States and localities continually
“contriv[ed] new rules,” mostly neutral on their face but discriminatory in operation, to keep minority voters from the
polls. South Carolina v. Katzenbach, 383 U. S. 301, 335
(1966). Because “Congress had reason to suppose” that
States would “try similar maneuvers in the future”—
“pour[ing] old poison into new bottles” to suppress minority
votes. Ibid.; Reno v. Bossier Parish School Bd., 528 U. S.
320, 366 (2000) (Souter, J., concurring in part and dissenting in part). Because Congress has been proved right.
The Voting Rights Act is ambitious, in both goal and
scope. When President Lyndon Johnson sent the bill to
Congress, ten days after John Lewis led marchers across
the Edmund Pettus Bridge, he explained that it was “carefully drafted to meet its objective—the end of discrimination in voting in America.” H. R. Doc. No. 120, 89th Cong.,
1st Sess., 1–2 (1965). He was right about how the Act’s
drafting reflected its aim. “The end of discrimination in voting” is a far-reaching goal. And the Voting Rights Act’s text
is just as far-reaching. A later amendment, adding the provision at issue here, became necessary when this Court construed the statute too narrowly. And in the last decade, this
Court assailed the Act again, undoing its vital Section 5.
See Shelby County v. Holder, 570 U. S. 529 (2013). But Section 2 of the Act remains, as written, as expansive as ever—
demanding that every citizen of this country possess a right
at once grand and obvious: the right to an equal opportunity
to vote.
Today, the Court undermines Section 2 and the right it
provides. The majority fears that the statute Congress
wrote is too “radical”—that it will invalidate too many state
voting laws. See ante, at 21, 25. So the majority writes its
own set of rules, limiting Section 2 from multiple directions.
See ante, at 16–19. Wherever it can, the majority gives a
cramped reading to broad language. And then it uses that
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