Alito, J., dissenting
precedents in another way. We have been sensitive to the gravity of “ ‘trapp[ing]’ ” States “ ‘between the competing hazards of liability’ ” imposed by the Constitution and the VRA. Id., at 196 (quoting Vera, 517 U. S., at 977). The VRA’s demand that States not unintentionally “dilute” the votes of particular groups must be reconciled with the Constitution’s demand that States generally avoid intentional augmentation of the political power of any one racial group (and thus the diminution of the power of other groups). The plurality’s predominance analysis shreds that prudential concern. If a private plaintiff can demonstrate §2 liability based on the production of a map that the State has every reason to believe it could not constitutionally draw, we have left “state legislatures too little breathing room” and virtually guaranteed that they will be on the losing end of a federal court’s judgment. Bethune-Hill, 580 U. S., at 196. *** The Court’s treatment of Gingles is inconsistent with the text of §2, our precedents on racial predominance, and the fundamental principle that States are almost always prohibited from basing decisions on race. Today’s decision unnecessarily sets the VRA on a perilous and unfortunate path. I respectfully dissent.
