26
ALEXANDER v. SOUTH CAROLINA STATE CONFERENCE
OF THE NAACP
THOMAS, J., concurring in part
dissenting in part) (citation and internal quotation marks
omitted); see also Ex Parte Young, 209 U. S. 123 (1908).
The Court has “long held that federal courts may in some
circumstances grant injunctive relief against state officers
who are violating, or planning to violate, federal law.” Armstrong v. Exceptional Child Center, Inc., 575 U. S. 320, 326
(2015).
But, a negative-injunction remedy does not actually redress racial gerrymandering or vote dilution, for two reasons. First, it is not apparent that an Ex parte Young injunction can prevent a state election official from
conducting an election under an unconstitutional map, or
force him to draw a new map. Such an injunction “permits
a party to assert in equity a defense that would otherwise
have been available in the State’s enforcement proceedings
at law,” and it “extends no further than permitting private
parties in some circumstances to prevent state officials
from bringing an action to enforce a state law that is contrary to federal law.” Whole Woman’s Health, 595 U. S., at
53 (opinion of THOMAS, J.) (alteration and internal quotation marks omitted). It is thus not clear that such an injunction could stop an election. Second, even if it is possible
to enjoin state officials from conducting an election, it is
questionable whether that remedy is ever “equitable.” Our
system of government depends on regular elections; putting
elections indefinitely on hold may do more harm than good.
Cf. Baker, 369 U. S., at 327 (opinion of Frankfurter, J.) (“An
injunction restraining a general election unless the legislature reapportions would paralyze the critical centers of a
State’s political system and threaten political dislocation
whose consequences are not foreseeable”). Ultimately, to
remedy racial gerrymandering or vote dilution, someone
must draw a new map. I can find no explanation why that
“someone” can be a federal court.