In two paragraphs, Justice Alito asserts that the emergences of a "full-blown two-party system in the States where § 2 suits are most common," means that the Gingles framework no longer works. I have attached a screenshot of the language here. /2
![Screenshot of page 27 of Justice Alito's opinion in Louisiana v. Callais. The text reads as follows: Second, a full-blown two-party system has emerged in the
States where §2 suits are most common. Gingles arose in
the context of a one-party system in which black and white
voters had starkly different voting patterns despite their affiliation within the same party. 478 U. S., at 59. In the
area involved in Gingles, an overwhelming majority of
white voters did not vote for any black candidate in the
Democratic party primary elections, which for all practical
purposes selected the candidates who would ultimately obtain office. Ibid. And in general elections, white voters in
heavily Democratic areas often ranked black candidates
last among Democrats. Ibid. Such intra-party disparities
showed that black voters had less opportunity to elect their
preferred candidate because of their race, not because of
their partisan affiliation.
When the vast majority of voters, regardless of race, favors the same political party, a map that is disadvantageous for members of one racial group cannot be explained
on the ground that it was drawn to favor a particular political party. But in a State where both parties have substantial support and where race is often correlated with party
preference, a litigant can easily exploit §2 for partisan purposes by “repackag[ing] a partisan-gerrymandering claim
as a racial-gerrymandering claim.” Alexander, 602 U. S., at
21.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:7vhxgrzvmxgnexyqb65wukmi/bafkreie56gu7o3z7brjqlux3tbpxb255gausuqjribqdv4zalbmw7mjpjq)
Brandon Johnson
@bjeromy.bsky.social
6.8K followers 602 following 236 posts
Asst. Professor at University of Nebraska College of Law. Northwestern Law alum. Admin Law, Election Law, & Separation of Powers research at papers.ssrn.com/sol3/cf_dev/AbsByAu…
