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How did Allen v. Milligan (2023) influence Texas redistricting litigation?
Executive summary
The Supreme Court’s 5–4 decision in Allen v. Milligan (June 8, 2023) upheld the continued, fact‑intensive application of Section 2 of the Voting Rights Act (VRA), a ruling advocates and courts said would immediately affect pending Section 2 challenges — including at least two Texas cases and a Galveston County suit heading to trial after the decision [1] [2]. Legal groups and think tanks predicted Allen would reverberate through dozens of lawsuits nationwide; Brennan Center and Democracy Docket identified Texas as one of the most‑challenged states whose litigation was likely to be shaped by the ruling [3] [4].
1. Allen’s holding: a short legal pivot that strengthened Section 2’s redistricting role
Allen reaffirmed that Section 2 can require creation of additional minority opportunity districts when plaintiffs meet the longstanding, multi‑part, fact‑intensive test from precedent — a result observers called a preservation of “current application” of Section 2 and a protection against racial vote dilution [5] [1]. Commentators and litigants read the decision as preserving the ability of Black and other minority voters to challenge maps that dilute their ability to elect candidates of choice [1] [6].
2. Immediate practical effect in Texas litigation: cases already relying on Section 2
Democracy Docket and Brennan Center reporting note multiple ongoing Section 2 lawsuits in Texas — including challenges to congressional maps and a Galveston County commissioners court plan — that stood to press forward with the backing of Allen’s reaffirmation of Section 2 standards [2] [1] [4]. Democracy Docket specifically flagged a Galveston County trial scheduled after the decision as an example of a local Texas matter propelled by the ruling [1].
3. Why advocates said Allen gave “wind at their backs” in Texas suits
Plaintiffs’ counsel in Texas cases framed the decision as validating decades of Section 2 precedent and making it more feasible to press claims that post‑2020 maps diluted minority voting strength; Democracy Docket quotes a lawyer saying Allen “affirm[s] 40 years of precedent” and bolsters Section 2 claims similar to those in Alabama [1]. National groups such as the NAACP LDF and others signaled they would press remedial plans and interventions in states including Texas following the ruling [7].
4. Countervailing warnings: scope, limits, and invitation to future litigation
Scholars cautioned that Allen did not settle all constitutional tensions — Harvard Law Review observed the decision preserved an expansive reading of Section 2 but left unresolved how race‑conscious remedies square with color‑blind Fourteenth Amendment arguments, inviting future challenges [6]. The Brennan Center and other analysts had earlier warned that a different outcome in Allen would have narrowed Section 2 and harmed pending cases in Texas; the converse — Allen’s preservation of Section 2 — therefore reshaped but did not eliminate future legal fights [8] [3].
5. Broader litigation landscape: Texas as a focal point of post‑Allen challenges
Multiple trackers and research pieces show Texas had among the most redistricting challenges in the 2020 cycle, with nine or more suits and a web of congressional, legislative and local claims alleging Section 2 violations — meaning Allen’s precedent affected many active Texas matters [4] [9]. The Brennan Center counted dozens of pending VRA-related lawsuits nationwide that would be “immediately impacted” by the Supreme Court’s ruling, reinforcing that Texas cases are part of a national cascade [3].
6. What the reporting does and does not say about outcomes in Texas
Sources uniformly report that Allen strengthened plaintiffs’ procedural and doctrinal footing to pursue Section 2 relief in Texas and elsewhere, and point to specific trials (e.g., Galveston County) scheduled after the ruling [1] [2]. Available sources do not mention definitive final outcomes for most Texas cases post‑Allen (for example, whether particular maps were ultimately redrawn statewide or how all pending trials resolved), so definitive claims about final map changes in Texas are not in the provided reporting (not found in current reporting).
7. Competing perspectives and political subtext
Voting‑rights advocates framed Allen as a watershed protecting minority representation and enabling remedial maps; conservative amici warned in the leadup to Allen that broad Section 2 readings could force race‑based mapmaking and raise constitutional questions [10] [8]. Analysts explicitly note that Allen’s preservation of Section 2 may nevertheless set up a future clash with color‑blind constitutional arguments — an implicit agenda of parties who oppose race‑conscious remedies [6].
Conclusion — what to watch in Texas next
Follow litigation calendars (Galveston and other Texas suits), district‑court remedial orders, and any appellate filings invoking Allen’s framework; sources show the decision materially altered legal leverage but leave the final fate of many Texas maps unresolved in the cited reporting [1] [3].