32
LOUISIANA v. CALLAIS
Opinion of the Court
Allen did not address the central issue here. We had no
occasion in Allen to confront the presumption that compliance with §2 may serve as a compelling interest for a State
to satisfy strict scrutiny. Indeed, Allen did not discuss the
Fourteenth Amendment at all. Here, by contrast, it is the
linchpin of this suit.2
In addition, our decision in Allen did not reach two pivotal
issues that we now squarely address. First, we left open
whether “race-based redistricting” under §2, even if permissible when the Voting Rights Act was enacted in 1982, could
“extend indefinitely into the future” despite significant
changes in relevant conditions.
599 U. S., at 45
(KAVANAUGH, J., concurring in part); see Shelby County,
570 U. S., at 557 (requiring assessment of the constitutionality of the Voting Rights Act in light of current conditions).
Second, because the State in Allen did not cite partisan
goals in defending its map, we did not address whether §2
plaintiffs must disentangle race from politics in proving
their case. Indeed, this is our first occasion to address the
implications of Rucho in a vote-dilution case. Failing to account for political considerations in redistricting, as explained above, can allow plaintiffs to undo a State’s legitimate, nonracial decisions under the banner of §2. In light
of our answers to these questions left open in Allen, we now
update the Gingles test to ensure a constitutional reading
and application of §2.
——————
2 The dissent claims that the Fourteenth Amendment is irrelevant to
our analysis, post, at 39–40, n. 11 (opinion of KAGAN, J.), but the dissent
appears to forget—or at least tries to lead readers to forget—that the
decision before us is based on the Fourteenth Amendment. The plaintiffs
claimed, and the court below held, that the map enacted by the state
legislature in SB8 impermissibly discriminated on the basis of race and
thus violated the plaintiffs’ rights under the Fourteenth Amendment’s
Equal Protection Clause. See supra, at 16.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents