Louisiana v. Callais · ¶23
This latter provision also specifes what a plaintiff must establish to prove a § 2 violation. The provision requires consideration of the “totality of circumstances” in each case and demands proof that the “political processes leading to nomination or election in the State or political subdivision are not equally open to participation” by members of a protected class “in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” 52 U. S. C. § 10301(b) (emphasis added). Congress took this language almost verbatim from Justice White's opinion for the Court in White v. Regester, 412 U. S. 755 (1973), which involved a “vote dilution” claim, i. e., a claim that a districting scheme impermissibly lessens the weight of the votes of minority voters.Read in context ›
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