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ALLEN v. MILLIGAN

Opinion of the Court

Section 2 requires that the political processes be “equally open.” §10301(b). What that means, the State asserts, is that the State’s map cannot impose “obstacles or burdens that block or seriously hinder voting on account of race.” Brief for Alabama 43. These obstacles do not exist, in the State’s view, where its map resembles a map that never took race into “account.” Ibid. Second, Alabama argues that the Gingles framework ends up requiring racial proportionality in districting. According to the State, Gingles demands that where “another majority-black district could be drawn, it must be drawn.” Brief for Alabama 71 (emphasis deleted). And that sort of proportionality, Alabama continues, is inconsistent with the compromise that Congress struck, with the text of §2, and with the Constitution’s prohibition on racial discrimination in voting.

To apply the race-neutral benchmark in practice, Alabama would require §2 plaintiffs to make at least three showings. First, the illustrative plan that plaintiffs adduce for the first Gingles precondition cannot have been “based” on race. Brief for Alabama 56. Second, plaintiffs must show at the totality of circumstances stage that the State’s enacted plan diverges from the average plan that would be drawn without taking race into account. And finally, plaintiffs must ultimately prove that any deviation between the State’s plan and a race-neutral plan is explainable “only” by race—not, for example, by “the State’s naturally occurring geography and demography.” Id., at 46.

As we explain below, we find Alabama’s new approach to §2 compelling neither in theory nor in practice. We accordingly decline to recast our §2 case law as Alabama requests.

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Section 2 prohibits States from imposing any “standard, practice, or procedure … in a manner which results in a denial or abridgement of the right of any citizen … to vote