'As a result of this flawed opinion, we will see race become an even more dominant and contentious feature in the redistricting process.' -Hans von Spakovsky
, and Samuel Alito—the only real basis for the lower court’s decision concluding that the redistricting plan diluted blacks’ votes was because “it isBut the critical question, Thomas wrote, is whether votes are diluted compared to what benchmark. The text of Section 2 “and the logic of vote-dilution claims require a meaningfully race-neutral benchmark, and no race-neutral benchmark can justify” the lower court’s finding of vote dilution, he wrote.
The first problem is that the Voting Rights Act specifically warns in Section 2 that nothing in the statute “establishes a right to have members of a protected class elected in numbers equal to their proportion of the population.” Yet that is exactly what the lower court did.
The question presented in this case, Thomas wrote, is whether Section 2 requires Alabama “to intentionally redraw its longstanding congressional districts so that black voters can control a number of seats roughly proportional to the black share” of the state’s population. As Thomas declares, “Section 2 demands no such thing, and, if it did, the Constitution would not permit it.
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