6
ALLEN v. MILLIGAN
Opinion of the Court
based on the totality of circumstances, it is shown that
the political processes leading to nomination or election
in the State or political subdivision are not equally
open to participation by members of a class of citizens
. . . in that its members have less opportunity than
other members of the electorate to participate in the
political process and to elect representatives of their
choice. The extent to which members of a protected
class have been elected to office in the State or political
subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes
a right to have members of a protected class elected in
numbers equal to their proportion in the population.”
52 U. S. C. §10301.
B
For the first 115 years following Reconstruction, the
State of Alabama elected no black Representatives to Congress. See Singleton v. Merrill, 582 F. Supp. 3d 924, 947
(ND Ala. 2022) ( per curiam). In 1992, several plaintiffs
sued the State, alleging that it had been impermissibly diluting the votes of black Alabamians in violation of §2. See
Wesch v. Hunt, 785 F. Supp. 1491, 1493 (SD Ala.). The lawsuit produced a majority-black district in Alabama for the
first time in decades. Id., at 1499. And that fall, Birmingham lawyer Earl Hillard became the first black Representative from Alabama since 1877. 582 F. Supp. 3d, at 947.
Alabama’s congressional map has “remained remarkably
similar” after Wesch. Brief for Appellants in No. 21–1086
etc., p. 9 (Brief for Alabama). The map contains seven congressional districts, each with a single representative. See
Supp. App. 205–211; 582 F. Supp. 3d, at 951. District 1 encompasses the Gulf Coast region in the southwest; District
2—known as the Wiregrass region—occupies the southeast;
District 3 covers the eastern-central part of the State; Districts 4 and 5 stretch width-wise across the north, with the