Page:Allen v. Milligan.pdf/93

48 courts [have been] engaged in methodically carving the country into racially designated electoral districts” for decades now. Holder, 512 U. S., at 945 (opinion of ). But that fact should inspire us to repentance, not resignation. I am even more convinced of the opinion that I formed 29 years ago:

"“In my view, our current practice should not continue. Not for another Term, not until the next case, not for another day. The disastrous implications of the policies we have adopted under the Act are too grave; the dissembling in our approach to the Act too damaging to the credibility of the Federal Judiciary. The ‘inherent tension’—indeed, I would call it an irreconcilable conflict—between the standards we have adopted for evaluating vote dilution claims and the text of the Voting Rights Act would itself be sufficient in my view to warrant overruling the interpretation of §2 set out in Gingles. When that obvious conflict is combined with the destructive effects our expansive reading of the Act has had in involving the Federal Judiciary in the project of dividing the Nation into racially segregated electoral districts, I can see no reasonable alternative to abandoning our current unfortunate understanding of the Act.” Id., at 944."

I respectfully dissent.