4
ALLEN v. MILLIGAN
Syllabus
proportion of similarly situated black voters who share a lineal connection to “the many enslaved people brought there to work in the antebellum period.”
As to the second and third Gingles preconditions, the District Court
determined that there was “no serious dispute that Black voters are
politically cohesive, nor that the challenged districts’ white majority
votes sufficiently as a bloc to usually defeat Black voters’ preferred
candidate.” The court noted that, “on average, Black voters supported
their candidates of choice with 92.3% of the vote” while “white voters
supported Black-preferred candidates with 15.4% of the vote.” Even
Alabama’s expert conceded “that the candidates preferred by white
voters in the areas that he looked at regularly defeat the candidates
preferred by Black voters.” Finally, the District Court concluded that
plaintiffs had carried their burden at the totality of circumstances
stage given the racial polarization of elections in Alabama, where
“Black Alabamians enjoy virtually zero success in statewide elections”
and where “Alabama’s extensive history of repugnant racial and voting-related discrimination is undeniable and well documented.” The
Court sees no reason to disturb the District Court’s careful factual
findings, which are subject to clear error review and have gone unchallenged by Alabama in any event. Pp. 11–15.
(b) The Court declines to remake its §2 jurisprudence in line with
Alabama’s “race-neutral benchmark” theory.
(1) The Court rejects the State’s contention that adopting the raceneutral benchmark as the point of comparison in §2 cases would best
match the text of the VRA. Section 2 requires political processes in a
State to be “equally open” such that minority voters do not “have less
opportunity than other members of the electorate to participate in the
political process and to elect representatives of their choice.”
§10301(b). Under the Court’s precedents, a district is not equally open
when minority voters face—unlike their majority peers—bloc voting
along racial lines, arising against the backdrop of substantial racial
discrimination within the State, that renders a minority vote unequal
to a vote by a nonminority voter. Alabama would ignore this precedent
in favor of a rationale that a State’s map cannot “abridge[ ]” a person’s
right to vote “on account of race” if the map resembles a sufficient number of race-neutral alternatives. But this Court’s cases have consistently focused, for purposes of litigation, on the specific illustrative
maps that a plaintiff adduces. Deviation from that map shows it is
possible that the State’s map has a disparate effect on account of race.
The remainder of the Gingles test helps determine whether that possibility is reality by looking to polarized voting preferences and the
frequency of racially discriminatory actions taken by the State.
The Court declines to adopt Alabama’s interpretation of §2, which