16
ALLEN v. MILLIGAN
Opinion of the Court
Section 2 requires that the political processes be “equally
open.” §10301(b). What that means, the State asserts, is
that the State’s map cannot impose “obstacles or burdens
that block or seriously hinder voting on account of race.”
Brief for Alabama 43. These obstacles do not exist, in the
State’s view, where its map resembles a map that never
took race into “account.” Ibid. Second, Alabama argues
that the Gingles framework ends up requiring racial proportionality in districting. According to the State, Gingles
demands that where “another majority-black district could
be drawn, it must be drawn.” Brief for Alabama 71 (emphasis deleted). And that sort of proportionality, Alabama continues, is inconsistent with the compromise that Congress
struck, with the text of §2, and with the Constitution’s prohibition on racial discrimination in voting.
To apply the race-neutral benchmark in practice, Alabama would require §2 plaintiffs to make at least three
showings. First, the illustrative plan that plaintiffs adduce
for the first Gingles precondition cannot have been “based”
on race. Brief for Alabama 56. Second, plaintiffs must show
at the totality of circumstances stage that the State’s enacted plan diverges from the average plan that would be
drawn without taking race into account. And finally, plaintiffs must ultimately prove that any deviation between the
State’s plan and a race-neutral plan is explainable “only” by
race—not, for example, by “the State’s naturally occurring
geography and demography.” Id., at 46.
As we explain below, we find Alabama’s new approach to
§2 compelling neither in theory nor in practice. We accordingly decline to recast our §2 case law as Alabama requests.
A
1
Section 2 prohibits States from imposing any “standard,
practice, or procedure . . . in a manner which results in a
denial or abridgement of the right of any citizen . . . to vote