24
BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE
Opinion of the Court
That requirement also would have the potential to invalidate just about any voting rule a State adopts. Take the
example of a State’s interest in preventing voting fraud.
Even if a State could point to a history of serious voting
fraud within its own borders, the dissent would apparently
strike down a rule designed to prevent fraud unless the
State could demonstrate an inability to combat voting fraud
in any other way, such as by hiring more investigators and
prosecutors, prioritizing voting fraud investigations, and
heightening criminal penalties. Nothing about equal openness and equal opportunity dictates such a high bar for
States to pursue their legitimate interests.
With all other circumstances swept away, all that remains in the dissent’s approach is the size of any disparity
in a rule’s impact on members of protected groups. As we
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the Court hypothesized a case involving an “uncouth” district shaped like
the one in Gomillion v. Lightfoot, 364 U. S. 339, 340 (1960), for which an
inquiry under §2 “would at least arguably be required.” 501 U. S., at 427.
The Court then wrote the language upon which the dissent seizes: “Placing elections for single-member offices entirely beyond the scope of coverage of §2 would preclude such an inquiry, even if the State’s interest
in maintaining the ‘uncouth’ electoral system was trivial or illusory and
even if any resulting impairment of a minority group’s voting strength
could be remedied without significantly impairing the State’s interest in
electing judges on a district-wide basis.” Id., at 427–428.
That reductio ad absurdum, used to demonstrate only why an automatic exemption from §2 scrutiny was inappropriate, did not announce
an “inquiry” at all—much less the least-burdensome-means requirement
the dissent would have us smuggle in from materially different statutory
regimes. Post, at 18, n. 5, 26. Perhaps that is why no one—not the parties, not the United States, not the 36 other amici, not the courts below,
and certainly not this Court in subsequent decisions—has advanced the
dissent’s surprising reading of a single phrase in Houston Lawyers Assn.
The dissent apparently thinks that in 1991 we silently abrogated the
principle that the nature of a State’s interest is but one of many factors
to consider, see Thornburg v. Gingles, 478 U. S. 30, 44–45 (1986), and
that our subsequent cases have erred by failing simply to ask whether a
less burdensome measure would suffice. Who knew?
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