The Kavanaugh Concurrence

I agree that it is a big day for voting rights advocates. This language of Justice Kavanaugh, however, concerns me. . .

“JUSTICE THOMAS notes, however, that even if Congress in 1982 could constitutionally authorize race-based redistricting under §2 for some period of time, the authority to conduct race-based redistricting cannot extend indefinitely into the future. See post, at 44–45 (dissenting opinion). But Alabama did not raise that temporal argument in this Court, and I therefore would not consider it at this time. “

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