Thomas, J., dissenting
SUPREME COURT OF THE UNITED STATES
Nos. 21–1086 and 21–1087
WES ALLEN, ALABAMA SECRETARY OF STATE, ET AL., APPELLANTS
21–1086v.21–1086
EVAN MILLIGAN, ET AL.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
WES ALLEN, ALABAMA SECRETARY OF STATE, ET AL., PETITIONERS
21–1087v.21–1087
MARCUS CASTER, ET AL.
ON WRIT OF CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
[June 8, 2023]
Justice Thomas, with whom Justice Gorsuch joins, with whom Justice Barrett joins as to Parts II and III, and with whom Justice Alito joins as to Parts II–A and II–B, dissenting.
These cases “are yet another installment in the ‘disastrous misadventure’ of this Court’s voting rights jurisprudence.” Alabama Legislative Black Caucus v. Alabama, 575 U. S. 254, 294 (2015) (Thomas, J., dissenting) (quoting Holder v. Hall, 512 U. S. 874, 893 (1994) (Thomas, J., concurring in judgment)). What distinguishes them is the uncommon clarity with which they lay bare the gulf between our “color-blind” Constitution, Plessy v. Ferguson, 163 U. S. 537, 559 (1896) (Harlan, J., dissenting), and “the consciously segregated districting system currently being constructed in the name of the Voting Rights Act.” Holder, 512
