Or would it? In Allen, Chief Justice Roberts, Justice Brett Kavanaugh and the three Democratic-appointed justices said no, not always. Under highly racially polarized voting conditions, Supreme Court authority will require the creation of majority-minority districts when, to quote Justice Kavanaugh’s concurrence, “(i) a State’s redistricting map cracks or packs a large and ‘geographically compact’ minority population and (ii) a plaintiff’s proposed alternative map and proposed majority-minority district are ‘reasonably configured.’”
To translate the legalese: States and regions that are highly racially polarized can’t fracture or compress minority voting districts when reasonably drawn alternative maps would more closely maintain the relative power of minority voters. If anything, by reaffirming and clarifying existing precedents in the face of substantial legal doubt, the Court strengthened Section 2.
I know that’s a lot to take in, but here’s where things get interesting. If you peruse recent exit polls, you’ll quickly observe that many of the old preclearance states retain exactly the kind of racially polarized voting patterns that, thanks to the Allen ruling, can trigger judicial skepticism. I quoted Alabama’s voting stats above. But what about other old preclearance states? In 2020, 77 percent of white Louisiana voters voted for Donald Trump, and 88 percent of Black voters voted for Joe Biden. In Mississippi, 81 percent of white voters voted for Trump and 94 percent of Black voters voted for Biden. In South Carolina, 69 percent of white voters voted for Trump and 92 percent of Black voters voted for Biden.
While I certainly won’t argue that most white voters in those states are racist (indeed, a supermajority of voters in South Carolina supported Tim Scott, a Black Republican, for Senate), those numbers are not the American norm. Racial polarization exists more broadly, but not to the same extent. Nationally, for example, 55 percent of white voters voted for Trump, while 92 percent of Black voters voted for Biden. In some states, such as California and New York, Joe Biden received a majority of white and Black votes.
Racially polarized voting isn’t proof of racism in any given voter’s heart. But it is part of the legacy of American bigotry and racial divisions. By preserving and clarifying the core of Section 2 of the Voting Rights Act — especially when voting is highly racially polarized — and by rejecting Alabama’s effort to limit Section 2, Chief Justice Roberts has subtly limited the reach of his own precedent. Now, thanks to Allen, many preclearance states will face greater scrutiny — unless and until their own cultural and political changes bring them closer to broader American partisan norms.