I have posted the en banc opinion here. It was a 5-2 decision. As the dissent notes, the tone of the majority opinion is “measured,” but it does recognize the possibility of a minority group bringing a coalitional district claim under Section 2 of the Voting Rights Act. From the majority opinion:

We are thus unwilling at the complaint stage to foreclose the possibility that a section 2 claim can ever be made out where the African-American population of a single member district is reduced in redistricting legislation from 26 to 21 percent. Yes, one would ordinarily expect the consequences to be small, but not always, and arguably not here (based on past history). At this point we know practically nothing about the motive for the change in district or the selection of the present configuration, the contours of the district chosen or the feasible alternatives, the impact of alternative districts on other minorities, or anything
else that would help gauge how mechanically or flexibly the Gingles factors should be applied.
On the other hand, the plaintiffs cannot prevail merely by showing that an alternative plan gives them a greater opportunity to win the election, DeGrandy, 512 U.S. at 1017 (“Failure to maximize cannot be the measure of
Share this: