Thomas, J., dissenting
omitted). The next section of City of Rome then separately examined and upheld the reasonableness of the extension’s 7-year time period. See id., at 181–182. City of Rome thus stands for precisely the propositions for which City of Boerne cited it: Congress may adopt “[p]reventive measures … when there is reason to believe that many of the laws affected by the congressional enactment have a significant likelihood of being unconstitutional,” 521 U. S., at 532, particularly when it employs “termination dates, geographic restrictions, or egregious predicates” that “tend to ensure Congress’ means are proportionate to ends legitimate,” id., at 533; see also id., at 532–533 (analyzing Katzenbach in similar terms); Shelby County, 570 U. S., at 535, 545–546 (same). Again, however, the amended §2 lacks any such salutary limiting principles; it is unbounded in time, place, and subject matter, and its districting-related commands have no nexus to any likely constitutional wrongs.
In short, as construed by the District Court, §2 does not remedy or deter unconstitutional discrimination in districting in any way, shape, or form. On the contrary, it requires it, hijacking the districting process to pursue a goal that has no legitimate claim under our constitutional system: the proportional allocation of political power on the basis of race. Such a statute “cannot be considered remedial, preventive legislation,” and the race-based redistricting it would command cannot be upheld under the Constitution. City of Boerne, 521 U. S., at 532.[1]
- ↑ Justice Kavanaugh, at least, recognizes that §2’s constitutional footing is problematic, for he agrees that “race-based redistricting cannot extend indefinitely into the future.” Ante, at 4 (opinion concurring in part). Nonetheless, Justice Kavanaugh votes to sustain a system of institutionalized racial discrimination in districting—under the aegis of a statute that applies nationwide and has no expiration date—and thus to prolong the “lasting harm to our society” caused by the use of racial classifications in the allocation of political power. Shaw I, 509 U. S., at 657. I cannot agree with that approach. The Constitution no more tolerates this discrimination today than it will tolerate it tomorrow.
