924
Thomas, J., concurring in judgment
the political process and to elect representatives of their choice." 42 U. S. C. § 1973(b). Cf. White, supra, at 766; Whitcomb v. Chavis, 403 U. S. 124, 149 (1971).
But the mere adoption of a "results" test, rather than an "intent" test, says nothing about the type of state laws that may be challenged using that test. On the contrary, the type of state law that may be challenged under § 2 is addressed explicitly in § 2(a). As we noted in Chisom v. Roemer, 501 U. S. 380 (1991), §§ 2(a) and (b) address distinct issues. While § 2(a) defines and explicitly limits the type of voting practice that may be challenged under the Act, § 2(b) provides only "the test for determining the legality of such a practice." Id., at 391. Thus, as an initial matter, there is no reason to think that § 2(b) could serve to expand the scope of the prohibition in § 2(a), which, as I described above, does not extend by its terms to electoral mechanisms that might have a dilutive effect on group voting power.
Even putting that concern aside for the moment, it should be apparent that the incorporation of a results test into the amended section does not necessarily suggest that Congress intended to allow claims of vote dilution under § 2. A results test is useful to plaintiffs whether they are challenging laws that restrict access to the ballot or laws that accomplish some diminution in the "proper weight" of a group's vote. Nothing about the test itself suggests that it is inherently tied to vote dilution claims. A law, for example, limiting the times and places at which registration can occur might be adopted with the purpose of limiting black voter registration, but it could be extremely difficult to prove the discriminatory intent behind such a facially neutral law. The results test would allow plaintiffs to mount a successful challenge to the law under § 2 without such proof.
Moreover, nothing in the language § 2(b) uses to describe the results test particularly indicates that the test was intended to be used under the Act for assessing claims of dilution. Section 2(b) directs courts to consider whether, under
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