Bartlett, Executive Director of North Carolina State Board of Elections v. Strickland et a — Breyer, J…

Summary

Justice Breyer, dissenting and joining Justice Souter, argues that the plurality’s bright‑line 50 % minority‑population gateway rule under §2 of the Voting Rights Act is ill‑suited to the statute’s purposes and proposes a more nuanced numerical test that better reflects voting realities. He contends that the 50 % rule both excludes districts where minorities could elect preferred candidates and includes districts where they cannot, and suggests a ratio based on minority size versus required majority crossover votes.