Alito, 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 Alito, with whom Justice Gorsuch joins, dissenting.
Based on a flawed understanding of the framework adopted in Thornburg v. Gingles, 478 U. S. 30 (1986), the Court now holds that the congressional districting map adopted by the Alabama Legislature violates §2 of the Voting Rights Act. Like the Court, I am happy to apply Gingles in these cases. But I would interpret that precedent in a way that heeds what §2 actually says, and I would take constitutional requirements into account. When the Gingles framework is viewed in this way, it is apparent that the decisions below must be vacated.
