Louisiana v. Callais · ¶181

The majority's textual analysis is long and winding and, in its crucial move, wholly non-textual. The majority tells us it will interpret the phrase “less opportunity than other members of the electorate . . . to elect representatives of their choice.” § 10301(b); see ante, at 110. It then says a number of things, to no apparent effect, about the component terms “opportunity,” “other members of the electorate,” and “elect.” Ante, at 110–111. And then, the majority puts all that aside and begins to free solo. See ante, at 111–112. What the provision promises minority voters, the majority says in the critical passage, is—and is only—“whatever opportunity results from the application of the State's combination of permissible criteria.” Ante, at 112. Can you find that in the “less opportunity” phrase? What the majority means is that if the State has used non-race-based criteria (whether…

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