4
ALLEN v. MILLIGAN
J., concurringpart
KAVANAUGH
KAVANAUGH
, J., ,concurring
and geographically compact minority populations. See
Abbott, 585 U. S., at ___ (slip op., at 4); Johnson v. De
Grandy, 512 U. S. 997, 1006–1007, 1020 (1994); Voinovich,
507 U. S., at 153–154; see generally Brnovich v. Democratic
National Committee, 594 U. S. ___, ___ (2021) (slip op., at
22) (“§2 does not demand proof of discriminatory purpose”);
Reno v. Bossier Parish School Bd., 520 U. S. 471, 482 (1997)
(Congress “clearly expressed its desire that §2 not have an
intent component”); Holder v. Hall, 512 U. S. 874, 923–924
(1994) (THOMAS, J., concurring in judgment) (§2 adopts a
“ ‘results’ test, rather than an ‘intent’ test”); Chisom v.
Roemer, 501 U. S. 380, 394, 404 (1991) (“proof of intent is
no longer required to prove a §2 violation” as “Congress
made clear that a violation of §2 could be established by
proof of discriminatory results alone”); Gingles, 478 U. S.,
at 71, n. 34 (plurality opinion) (§2 does not require
“ ‘purpose of racial discrimination’ ”).
Fourth, Alabama asserts that §2, as construed by Gingles
to require race-based redistricting in certain circumstances,
exceeds Congress’s remedial or preventive authority under
the Fourteenth and Fifteenth Amendments. As the Court
explains, the constitutional argument presented by
Alabama is not persuasive in light of the Court’s
precedents. See ante, at 33–34; see also City of Rome v.
United States, 446 U. S. 156, 177–178 (1980). JUSTICE
THOMAS notes, however, that even if Congress in 1982 could
constitutionally authorize race-based redistricting under §2
for some period of time, the authority to conduct race-based
redistricting cannot extend indefinitely into the future. See
post, at 44–45 (dissenting opinion). But Alabama did not
raise that temporal argument in this Court, and I therefore
would not consider it at this time.
For those reasons, I vote to affirm, and I concur in all but
Part III–B–1 of the Court’s opinion.
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