Page:Allen v. Milligan.pdf/97

Rh

, with whom joins, dissenting.

Based on a flawed understanding of the framework adopted in Thornburg v. Gingles, 478 U. S. 30 (1986), the Court now holds that the congressional districting map adopted by the Alabama Legislature violates §2 of the Voting Rights Act. Like the Court, I am happy to apply Gingles in these cases. But I would interpret that precedent in a way that heeds what §2 actually says, and I would take constitutional requirements into account. When the Gingles framework is viewed in this way, it is apparent that the decisions below must be vacated.