Cite as: 594 U. S. ____ (2021)
3
Syllabus
abridgement of the right . . . to vote on account of race or color.” Section 2(b) in turn 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.) In §2(b), the phrase “in that” is “used
to specify the respect in which a statement is true.” New Oxford American Dictionary 851. Thus, equal openness and equal opportunity are
not separate requirements. Instead, it appears that the core of §2(b)
is the requirement that voting be “equally open.” The statute’s reference to equal “opportunity” may stretch that concept to some degree to
include consideration of a person’s ability to use the means that are
equally open. But equal openness remains the touchstone. Pp. 14–15.
(3) Another important feature of §2(b) is its “totality of circumstances” requirement. Any circumstance that has a logical bearing on
whether voting is “equally open” and affords equal “opportunity” may
be considered. Pp. 15–21.
(i) The Court mentions several important circumstances but
does not attempt to compile an exhaustive list. Pp. 15–19.
(A) The size of the burden imposed by a challenged voting
rule is highly relevant. Voting necessarily requires some effort and
compliance with some rules; thus, the concept of a voting system that
is “equally open” and that furnishes equal “opportunity” to cast a ballot
must tolerate the “usual burdens of voting.” Crawford v. Marion
County Election Bd., 553 U. S. 181, 198. Mere inconvenience is insufficient. P. 16.
(B) The degree to which a voting rule departs from what was
standard practice when §2 was amended in 1982 is a relevant consideration. The burdens associated with the rules in effect at that time
are useful in gauging whether the burdens imposed by a challenged
rule are sufficient to prevent voting from being equally “open” or furnishing an equal “opportunity” to vote in the sense meant by §2. Widespread current use is also relevant. Pp. 17–18.
(C) The size of any disparities in a rule’s impact on members
of different racial or ethnic groups is an important factor to consider.
Even neutral regulations may well result in disparities in rates of voting and noncompliance with voting rules. The mere fact that there is
some disparity in impact does not necessarily mean that a system is
not equally open or that it does not give everyone an equal opportunity
to vote. And small disparities should not be artificially magnified. P.
18.
(D) Consistent with §2(b)’s reference to a States’ “political