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ALLEN v. MILLIGAN

Opinion of the Court

based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens … 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. 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.

B

For the first 115 years following Reconstruction, the State of Alabama elected no black Representatives to Congress. See Singleton v. Merrill, 582 F. Supp. 3d 924, 947 (ND Ala. 2022) (per curiam). In 1992, several plaintiffs sued the State, alleging that it had been impermissibly diluting the votes of black Alabamians in violation of §2. See Wesch v. Hunt, 785 F. Supp. 1491, 1493 (SD Ala.). The lawsuit produced a majority-black district in Alabama for the first time in decades. Id., at 1499. And that fall, Birmingham lawyer Earl Hillard became the first black Representative from Alabama since 1877. 582 F. Supp. 3d, at 947.

Alabama’s congressional map has “remained remarkably similar” after Wesch. Brief for Appellants in No. 21–1086 etc., p. 9 (Brief for Alabama). The map contains seven congressional districts, each with a single representative. See Supp. App. 205–211; 582 F. Supp. 3d, at 951. District 1 encompasses the Gulf Coast region in the southwest; District 2—known as the Wiregrass region—occupies the southeast; District 3 covers the eastern-central part of the State; Districts 4 and 5 stretch width-wise across the north, with the