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BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE
Opinion of the Court
law was not enacted with discriminatory intent. The en
banc court did not claim that a majority of legislators had
voted for the law for a discriminatory purpose, but the court
held that these lawmakers “were used as ‘cat’s paws’ ” by
others. Id., at 1041.
One judge in the majority declined to join the court’s holding on discriminatory intent, and four others dissented
across the board. A petition for a writ of certiorari was filed
by the Arizona attorney general on his own behalf and on
behalf of the State, which had intervened below; another
petition was filed by the Arizona Republican Party and
other private parties who also had intervened. We granted
the petitions and agreed to review both the Ninth Circuit’s
understanding and application of VRA §2 and its holding on
discriminatory intent. 591 U. S. ___ (2020).
II
We begin with two preliminary matters. Secretary of
State Hobbs contends that no petitioner has Article III
standing to appeal the decision below as to the out-ofprecinct policy, but we reject that argument. All that is
needed to entertain an appeal of that issue is one party with
standing, see Little Sisters of the Poor Saints Peter and Paul
Home v. Pennsylvania, 591 U. S. ___, ___, n. 6 (2020) (slip
op., at 13, n. 6), and we are satisfied that Attorney General
Brnovich fits the bill. The State of Arizona intervened below, see App. 834; there is “[n]o doubt” as an Article III matter that “the State itself c[an] press this appeal,” Virginia
House of Delegates v. Bethune-Hill, 587 U. S. ___, ___ (2019)
(slip op., at 4); and the attorney general is authorized to
represent the State in any action in federal court, Ariz. Rev.
Stat. Ann. §41–193(A)(3) (2021); see Arizonans for Official
English v. Arizona, 520 U. S. 43, 51, n. 4 (1997).
Second, we think it prudent to make clear at the beginning that we decline in these cases to announce a test to
govern all VRA §2 claims involving rules, like those at issue