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References
1.	See Steve Suitts, A War of Sections: How Deep South Political Suppression Shaped Voting Rights in America (Athens: NewSouth Books, 2023); David J. Garrow, Protest at Selma: Martin Luther King, Jr., and the Voting Rights Act of 1965 (New Haven: Yale University Press, 1978); J. L. Chestnut, Jr and Julia Cass, Black in Selma (New York: Farrar, Straus, and Giroux, 1990); Bernard LaFayette Jr, and Kathryn Lee Johnson. In Peace and Freedom: My Journey in Selma (Lexington: University Press of Kentucky, 2013).
2.	City of Mobile v. Bolden, 446 U.S. 55 (1980).
3.	See Jo Becker and Dale Russakoff, “Proving His Mettle in the Reagan Justice Dept..” Washington Post, Jan 9, 2006; Mark Sullivan, Memorandum for Mark Levin, Dec. 12, 1985. Alito also stated he was "particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion."
4.	See Jo Becker and Dale Russakoff, “Proving His Mettle in the Reagan Justice Dept..” Washington Post, Jan 9, 2006; Mark Sullivan, Memorandum for Mark Levin, Dec. 12, 1985. Alito also stated he was "particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion."
5.	Northwest Austin Municipal Util. Dist. No. One v. Holder, 557 U.S. 193 (2009).
6.	Scalia coined the term for popular consumption. See Tristin K. Green, “Rethinking Racial Entitlements: From Epithet to Theory,” 93 S. Cal. L. Rev. 217 (2020); The term “racial entitlement” was practically unused until the late 1970s. See Google Ngam Viewer: racial entitlement.
7.	Allen v. Milligan, 599 U.S. ___ (2023)(Thomas, J. dissenting); Holder v. Hall, 512 U.S. 874, 892 (1994) (Thomas, J. concurring in judgment).
8.	See Steve Suitts, “States' Rights Resurgent: The Attack on the Voting Rights,” Southern Spaces, Aug 29, 2013; James U. Blacksher and Lani Guinier, Lani, “Free at Last: Rejecting Equal Sovereignty and Restoring the Constitutional Right to Vote: Shelby County v. Holder,” Harvard Law and Policy Review, 8, no. 1 (2014): 39-70, where the authors write, “Shelby County is the first decision since Dred Scott to invoke the doctrine of equal sovereignty where the right to vote was involved.”
9.	Cooper v. Harris, 581 U.S. 285 (2017). The Court stated that complying with the Voting Rights Act (VRA) might serve as a compelling reason to create two majority-Black districts, but the legislature failed to demonstrate that it had good cause to think that it would transgress the Act if it did not draw those race-based districts. For example, there no evidence of “racial bloc voting” by whites that would prevent Black voters from electing the candidate of their choice.
10.	Richard L. Hasen. “Resurrection: Cooper v. Harris and the Transformation of Racial Gerrymandering Into A Voting Rights Tool,” American Constitution Society Supreme Court Term Review, 2016-2017, 128.
11.	Abbott v. Perez, 585 U.S. 579 (2018).
12.	Rucho v. Common Cause, 588 US 684 (2019). The Court was presented with a formula devised by scholars that met the standards for scientific research in other fields. It belittled the proposed test.
13.	For a more detailed analysis of the Alito opinion, see Steve Suitts, “Undoing the Voting Rights Act,” Southern Spaces, July 12, 2021.
14.	The case was earlier titled Merrill v. Milligan but a change in Alabama’s Secretary of State changed the case name. For a full tracking of the case, see “Milligan v. Allen (was Merrill),” at All About Redistricting.
15.	Steve Suitts, “Voting Rights: Justice Alito's False, Partisan Facts,” Southern Spaces, Dec. 19, 2022.
16.	Alito is disingenuous at best in his language about requiring proof of “intentional discrimination.” His opinion says it must be the “focus” of the evidence; there must be a “strong inference that intentional discrimination occurred;” and plaintiffs must “show an objective likelihood of intentional discrimination.” must present current data “that shed light on current intentional discrimination;” and must prove “an objective likelihood that the State’s challenged map was the result of intentional racial discrimination.” Also, his guidelines for proving racial discrimination turn out to be demands for proof of intentional discrimination. But Alito demurs that these requirements are not really requirements for “a finding of intentional discrimination” under §2. (See Callais, 608 U. S., at ___ (slip op., at 23,31,34-35).
17.	See Stephen Ansolabehere, Bernard L. Fraga, and Brian F. Schaffner, "The Current Population Survey Voting and Registration Supplement Overstates Minority Turnout," Journal of Politics, 84, no. 3 (2022), 1850-1855; Kevin Morris and Coryn Grange, “Growing Racial Disparities in Voter Turnout, 2008–2022,” Brennan Center for Justice at New York University School of Law, March, 2024; Kevin T. Morris and Michael G. Miller. "Did Shelby County v. Holder Increase the Racial Turnout Gap?" Journal of Politics (open access, accepted December 01, 2025). Michael M. Barber and John B. Holbein, “400 Million Voting Records Show Profound Racial and Geographic Disparities in Voter Turnout in the United States,” PLoS ONE 17(6), 2022.
18.	“Republicans Make Substantial House Gain,” CQ Almanac, 1980; “Democrats Win Three Gubernatorial Races,”CQ Almanac, 1983; Karl Kurtz, “NCSL Through the Decades: The 1980s,” National Conference of State Legislatures,April 30, 2025; List of Current Members of the U.S. Congress, Ballotpedia, 2026; List of Current United States Governors, Wikipedia, 2026.
19.	Zoe Merriman and Alicia Bannon, “How Are State Judges Selected?” State Court Report. April 21, 2026; State Supreme Courts, Ballotpedia, 2026.
20.	Alito’s opinion says §2 plaintiffs must “disentangle” race from the assumed partisan choices to win their case, but the only proven way to unravel the two under Alito’s presumptions will be for plaintiffs to produce evidence that white voters are motivated only by a discriminatory intent – proof that is virtually impossible to demonstrate in this day and age.
21.	Jack Bass and Walter DeVries, The Transformation of Southern Politics ( New York: Basic Books, 1976); Dan T. Carter, From George Wallace to Newt Gingrich: The Role of Race in the Counterrevolution, 1963-1994 (Baton Rouge: Louisiana State University Press, 19960; Earl Black and Merle Black, The Rise of Southern Republicans (Cambridge, MA: Belknap Press, 2002); David Lublin, The Republican South: Democratization and Partisan Change (Princeton: Princeton University Press, 2004); Mary V. Hood III, Quentin Kidd, and Irwin L. Morris, The Rational Southerner: Black Mobilization, Republican Growth, and the Partisan Transformation of the American South (New York: Oxford University Press, 2012); Seth C. McKee, “Party Affiliation in the Southern Electorate,” Political Research Quarterly, 2024, Vol. 77(1) 432–446.
22.	J. Morgan Kousser, “The Immutability of Categories and the Reshaping of Southern Politics,” Annual Review of Political Science, vol. 13, no. 1 (2010): 365-383; Hood et. al, The Rational Southerner, 181. See also Ilyana Kuziemko and Ebonya Washington, “Why Did the Democrats Lose the South? Bringing New Data to an Old Debate,” American Economic Review vol. 108, no. 10, 2018, 2830–2867 and Christopher A. Cooper, M. V. Hood III, Scott Huffmon, Quentin Kidd, H. Gibbs Knotts & Seth C. McKee, “Switching Sides but still Fighting the Civil War in Southern Politics,” Politics, Groups, and Identities, vol. 10, no. 1. 2022, 100-116.
23.	Lublin, The Republican South, 222; Robert N. Lupton and Seth C. McKee, “Dixie’s Drivers: Core Values and the Southern Republican Realignment,” Journal of Politics, vol. 82, no. 3, May 2020, 932; Joshua N. Zingher, Polarization, Demographic Change, and White Flight from the Democratic Party,” Journal of Politics, vol. 80, no. 3, AApril2018, 866; Byron E. Shafer and Richard Johnston. The End of Southern Exceptionalism: Class, Race and Partisan Change in the Postwar South (Cambridge: Harvard University Press, 2006), 136-138. See Kousser, “The Immutability of Categories and the Reshaping of Southern Politics,” 374-377, for an assessment of these studies and others.
24.	Shiro Kuriwaki, , Stephen Ansolabehere, Angelo Dagonel, and Soichiro Yamauchi, “The Geography of Racially Polarized Voting: Calibrating Surveys at the District Level,” American Political Science Review, vol. 118, no. 2, 2024, 922-939; Issa Kohler-Hausmann and Kevin Z. Yang, “How Callais Broke the Voting Rights Act and Weaponized the Equal Protection Clause: Part 1,” SCOTUSblog.com, May 26, 2026; David Lublin, Lisa Handley, Thomas L. Brunell, and Bernard Grofman, “Minority Success in Non-Majority Minority Districts: Finding the ‘Sweet Spot,’” Journal of Race, Ethnicity, and Politics, Vol. 5, no. 2, 2020, 275-298.
25.	Some voting rights scholars have been sympathetic to the Court’s insistence that party and race need to be disentangled for §2 cases. See, for example, Richard L. Hasen, “Race or Party, Race as Party, or Party All the Time: Three Uneasy Approaches To Conjoined Polarization In Redistricting and Voting Cases,” Willian and Mary Law Review, Vol. 59, 2017, 1837-1885. But the Court majority misunderstands the social construction and nature of race and racism, as if race is only a reflection of person’s skin color disentangled from who they are, their collective history in a given place, what they represent, what they believe and who they support.
26.	The social science methods for disentangling race to determine that it is a singular motive entirely separate from party where the two correlate in voting in a state or Congressional district (with over 500,000 people nowadays) present problems that have not yet been tackled and probably never will be to the satisfaction of the current Court. They are far greater than the challenges that Morgan Kousser explored earlier in how judges and researchers assemble the “factors that ought to be taken into account in any inquiry into the intent with which an electoral rule was adopted or maintained.” See Morgan Kousser, “Intent and Effect in Law and History,” Colorblind Injustice: Minority Voting Rights and the Undoing of the Second Reconstruction (Chapel Hill: University of North Carolina Press, 1999), 346-366.
27.	Emphasis added. Voting Rights Act Extension, Report of the Committee on the Judiciary, Unites States Senate, on S. 1992, 97th Congress, May 25, 1982, 67. This unmistakable record explains why for forty years the Supreme Court did not under the Gingles decision require any evidence of discriminatory intent or purpose.
28.	Allen v. Milligan, 143 S. Ct. 1487 (2023); “Alabama Second Congressional District Election Results,” New York Times, Nov. 27, 2024.
29.	Allen v. Milligan, 608 U. S. ____ (2026).

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