Page:Allen v. Milligan.pdf/16

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Cite as: 599 U. S. ____ (2023)
9

Opinion of the Court

Id., at 936.[1]

Four days later, on January 28, Alabama moved in this Court for a stay of the District Court’s injunction. This Court granted a stay and scheduled the cases for argument, noting probable jurisdiction in Milligan and granting certiorari before judgment in Caster. 595 U. S. ___ (2022).

II

The District Court found that plaintiffs demonstrated a reasonable likelihood of success on their claim that HB1 violates §2. We affirm that determination.

A

For the past forty years, we have evaluated claims brought under §2 using the three-part framework developed in our decision Thornburg v. Gingles, 478 U. S. 30 (1986). Gingles concerned a challenge to North Carolina’s multimember districting scheme, which allegedly diluted the vote of its black citizens. Id., at 34–36. The case presented the first opportunity since the 1982 amendments to address how the new §2 would operate.

Gingles began by describing what §2 guards against. “The essence of a §2 claim,” the Court explained, “is that a certain electoral law, practice, or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by black and white voters.” Id., at 47. That occurs where an “electoral structure operates to minimize or cancel out” minority voters’ “ability to elect their preferred candidates.” Id., at 48. Such a risk is greatest


  1. Judge Manasco, presiding in Caster, also preliminarily enjoined Alabama from using HB1. Her opinion was based on the same evidentiary record as was before the three-judge Court, and it adopted in full that Court’s “recitation of the evidence, legal analysis, findings of fact and conclusions of law.” 1 App. to Emergency Application for Stay in No. 2:21–cv–1536, p. 4; see also 582 F. Supp. 3d, at 942–943, and n. 4. Any reference to the “District Court” in this opinion applies to the Caster Court as well as to the three-judge Court.