14
BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE
Opinion of the Court
to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in
the State or political subdivision is one circumstance
which may be considered: Provided, That nothing in
this section establishes a right to have members of a
protected class elected in numbers equal to their proportion in the population.” 52 U. S. C. §10301.
In Gingles, our seminal §2 vote-dilution case, the Court
quoted the text of amended §2 and then jumped right to the
Senate Judiciary Committee Report, which focused on the
issue of vote dilution. 478 U. S., at 36–37, 43, and n. 7. Our
many subsequent vote-dilution cases have largely followed
the path that Gingles charted. But because this is our first
§2 time, place, or manner case, a fresh look at the statutory
text is appropriate. Today, our statutory interpretation
cases almost always start with a careful consideration of
the text, and there is no reason to do otherwise here.
B
Section 2(a), as noted, omits the phrase “to deny or
abridge the right . . . to vote on account of race or color,”
which the Bolden plurality had interpreted to require proof
of discriminatory intent. In place of that language, §2(a)
substitutes the phrase “in a manner which results in a denial or abridgement of the right . . . to vote on account of
race or color.” (Emphasis added.) We need not decide what
this text would mean if it stood alone because §2(b), which
was added to win Senate approval, explains what must be
shown to establish a §2 violation. Section 2(b) states that
§2 is violated only where “the political processes leading to
nomination or election” are not “equally open to participation” by members of the relevant protected group “in that
its members have less opportunity than other members of
the electorate to participate in the political process and to
elect representatives of their choice.” (Emphasis added.)