2
ALLEN v. MILLIGAN
Opinion of the Court
I
A
Shortly after the Civil War, Congress passed and the
States ratified the Fifteenth Amendment, providing that
“[t]he right of citizens of the United States to vote shall not
be denied or abridged . . . on account of race, color, or previous condition of servitude.” U. S. Const., Amdt. 15, §1. In
the century that followed, however, the Amendment proved
little more than a parchment promise. Jim Crow laws like
literacy tests, poll taxes, and “good-morals” requirements
abounded, South Carolina v. Katzenbach, 383 U. S. 301,
312–313 (1966), “render[ing] the right to vote illusory for
blacks,” Northwest Austin Municipal Util. Dist. No. One v.
Holder, 557 U. S. 193, 220–221 (2009) (THOMAS, J., concurring in judgment in part and dissenting in part). Congress
stood up to little of it; “[t]he first century of congressional
enforcement of the [Fifteenth] Amendment . . . can only be
regarded as a failure.” Id., at 197 (majority opinion).
That changed in 1965. Spurred by the Civil Rights movement, Congress enacted and President Johnson signed into
law the Voting Rights Act. 79 Stat. 437, as amended, 52
U. S. C. §10301 et seq. The Act “create[d] stringent new
remedies for voting discrimination,” attempting to forever
“banish the blight of racial discrimination in voting.” Katzenbach, 383 U. S., at 308. By 1981, in only sixteen years’
time, many considered the VRA “the most successful civil
rights statute in the history of the Nation.” S. Rep. No. 97–
417, p. 111 (1982) (Senate Report).
These cases concern Section 2 of that Act. In its original
form, “§2 closely tracked the language of the [Fifteenth]
Amendment” and, as a result, had little independent force.
Brnovich v. Democratic National Committee, 594 U. S. ___,
___ (2021) (slip op., at 3). 1 Our leading case on §2 at the
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1 As originally enacted, §2 provided that “[n]o voting qualification or