4
ALLEN v. MILLIGAN
Opinion of the Court
determine whether [racial] discrimination existed . . . :
Whether such discrimination existed.” It’s Results That
Count, Philadelphia Inquirer, Mar. 3, 1982, p. 8–A.
But Mobile had its defenders, too. In their view, abandoning the intent test in favor of an effects test would inevitably require a focus on proportionality—wherever a minority group won fewer seats in the legislature than its
share of the population, the charge could be made that the
State law had a discriminatory effect. That, after all, was
the type of claim brought in Mobile. But mandating racial
proportionality in elections was regarded by many as intolerable. Doing so, wrote Senator Orrin Hatch in the Washington Star, would be “strongly resented by the American
public.” Washington Star, Sept. 30, 1980, p. A–9. The Wall
Street Journal offered similar criticism. An effects test
would generate “more, not less, racial and ethnic polarization.” Wall Street Journal, Jan. 19, 1982, p. 28.
This sharp debate arrived at Congress’s doorstep in 1981.
The question whether to broaden §2 or keep it as is, said
Hatch—by then Chairman of the Senate Subcommittee before which §2 would be debated—“involve[d] one of the most
substantial constitutional issues ever to come before this
body.” 2 Hearings before the Subcommittee on the Constitution of the Senate Committee on the Judiciary, 97th
Cong., 2d Sess., pt. 1, p. 1 (1982).
Proceedings in Congress mirrored the disagreement that
had developed around the country. In April 1981, Congressman Peter W. Rodino, Jr.—longtime chairman of the
House Judiciary Committee—introduced a bill to amend
the VRA, proposing that the words “to deny or abridge” in
§2 be replaced with the phrase “in a manner which results
in a denial or abridgement.” H. R. 3112, 97th Cong., 1st
Sess., 2 (as introduced) (emphasis added). This was the effects test that Mobile’s detractors sought.
But those wary of proportionality were not far behind.
Senator Hatch argued that the effects test “was intelligible