Allen v. Milligan · ¶2
In Louisiana v. Callais, 608 U. S. 85, to resolve the tension between vote- dilution claims and the colorblind Constitution, the Court updated the standards for § 2 liability under Thornburg v. Gingles, 478 U. S. 30. As relevant here, the Court held that for plaintiffs to satisfy the first Gin gles precondition, a plaintiff's alternative map “must meet all the State's legitimate districting objectives” “just as well” as the State's own map. Callais, 608 U. S., at 119 (emphasis added). Those objectives include “any other goal not prohibited by the Constitution.” Ibid. A plaintiff also “cannot use race as a districting criterion” in preparing the alternative map.” Ibid. And, to prove the second and third Gingles preconditions, a plaintiff “must provide an analysis that controls for party affliation” and “show that voters engage in racial bloc voting that cannot be explained by partisan…Read in context ›
preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.