2
BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE
Syllabus
intent” and thus violated both §2 of the VRA and the Fifteenth Amendment. The District Court rejected all of the plaintiffs’ claims. The
court found that the out-of-precinct policy had no “meaningfully disparate impact” on minority voters’ opportunities to elect representatives of their choice. Turning to the ballot-collection restriction, the
court found that it was unlikely to cause “a meaningful inequality” in
minority voters’ electoral opportunities and that it had not been enacted with discriminatory intent. A divided panel of the Ninth Circuit
affirmed, but the en banc court reversed. It first concluded that both
the out-of-precinct policy and the ballot-collection restriction imposed
a disparate burden on minority voters because they were more likely
to be adversely affected by those rules. The en banc court also held
that the District Court had committed clear error in finding that the
ballot-collection law was not enacted with discriminatory intent.
Held: Arizona’s out-of-precinct policy and HB 2023 do not violate §2 of
the VRA, and HB 2023 was not enacted with a racially discriminatory
purpose. Pp. 12–37.
(a) Two threshold matters require the Court’s attention. First, the
Court rejects the contention that no petitioner has Article III standing
to appeal the decision below as to the out-of-precinct policy. All that
is needed to entertain an appeal of that issue is one party with standing. Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 591 U. S. ___, ___, n. 6. Attorney General Brnovich, as an authorized representative of the State (which intervened below) in any
action in federal court, fits the bill. See Virginia House of Delegates v.
Bethune-Hill, 587 U. S. ___, ___. Second, the Court declines in these
cases to announce a test to govern all VRA §2 challenges to rules that
specify the time, place, or manner for casting ballots. It is sufficient
for present purposes to identify certain guideposts that lead to the
Court’s decision in these cases. Pp. 12–13.
(b) The Court’s statutory interpretation starts with a careful consideration of the text. Pp. 13–25.
(1) The Court first construed the current version of §2 in Thornburg v. Gingles, 478 U. S. 30, which was a vote-dilution case where the
Court took its cue from §2’s legislative history. The Court’s many subsequent vote-dilution cases have followed the path Gingles charted.
Because the Court here considers for the first time how §2 applies to
generally applicable time, place, or manner voting rules, it is appropriate to take a fresh look at the statutory text. Pp. 13–14.
(2) In 1982, Congress amended the language in §2 that had been
interpreted to require proof of discriminatory intent by a plurality of
the Court in Mobile v. Bolden, 446 U. S. 55. In place of that language,
§2(a) now uses the phrase “in a manner which results in a denial or