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glimmer of hope in 2023 when, in a case called Allen v. Milligan, the Court voted 5–4 to allow a Section 2 challenge to proceed against Alabama’s new congressional map, which diluted the voting power of Black citizens by “packing” most of them into a single district and distributing the rest across several others. It was a good decision, especially because it held in no uncertain terms that “discriminatory intent” is not a “requirement for liability” under Section 2. I was relieved that Section 2 had survived, at least in some form. But Milligan was a very easy case, and its effect will be limited to jurisdictions where voting is racially polarized. It’s too early to tell how many teeth Section 2 truly has left and whether they’ll survive for long. Moreover, civil rights advocates
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David S. Tatel (Vision: A Memoir of Blindness and Justice)