Cite as: 594 U. S. ____ (2021)
21
Opinion of the Court
those regulating employment and housing. For example,
we think it inappropriate to read §2 to impose a strict “necessity requirement” that would force States to demonstrate that their legitimate interests can be accomplished
only by means of the voting regulations in question. Stephanopoulos, Disparate Impact, Unified Law, 128 Yale L. J.
1566, 1617–1619 (2019) (advocating such a requirement).
Demanding such a tight fit would have the effect of invalidating a great many neutral voting regulations with long
pedigrees that are reasonable means of pursuing legitimate
interests. It would also transfer much of the authority to
regulate election procedures from the States to the federal
courts. For those reasons, the Title VII and Fair Housing
Act models are unhelpful in §2 cases.
D
The interpretation set out above follows directly from
what §2 commands: consideration of “the totality of circumstances” that have a bearing on whether a State makes voting “equally open” to all and gives everyone an equal “opportunity” to vote. The dissent, by contrast, would rewrite
the text of §2 and make it turn almost entirely on just one
circumstance—disparate impact.
That is a radical project, and the dissent strains mightily
to obscure its objective. To that end, it spends 20 pages discussing matters that have little bearing on the questions
before us. The dissent provides historical background that
all Americans should remember, see post, at 3–7 (opinion of
KAGAN, J.), but that background does not tell us how to decide these cases. The dissent quarrels with the decision in
Shelby County v. Holder, 570 U. S. 529 (2013), see post, at
7–9, which concerned §§4 and 5 of the VRA, not §2. It discusses all sorts of voting rules that are not at issue here.
See post, at 9–12. And it dwells on points of law that nobody
disputes: that §2 applies to a broad range of voting rules,
practices, and procedures; that an “abridgement” of the