990
O'Connor, J., concurring
Justice O'Connor, concurring.
I write separately to express my view on two points. First, compliance with the results test of § 2 of the Voting Rights Act (VRA) is a compelling state interest. Second, that test can coexist in principle and in practice with Shaw v. Reno, 509 U. S. 630 (1993), and its progeny, as elaborated in today's opinions.
I
As stated in the plurality opinion, ante, at 977 (O'Connor, J., joined by Rehnquist, C. J., and Kennedy, J.), this Court has thus far assumed without deciding that compliance with the results test of VRA § 2(b) is a compelling state interest. See Shaw v. Hunt, ante, at 915 (Shaw II); Miller v. Johnson, 515 U. S. 900, 920-921 (1995). Although that assumption is not determinative of the Court's decisions today, I believe that States and lower courts are entitled to more definite guidance as they toil with the twin demands of the Fourteenth Amendment and the VRA.
The results test is violated if,
"based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of [e. g., a racial minority group] in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice." 42 U. S. C. § 1973(b).
In the 14 years since the enactment of § 2(b), we have interpreted and enforced the obligations that it places on States in a succession of cases, assuming but never directly addressing its constitutionality. See Johnson v. De Grandy, 512 U. S. 997 (1994); Holder v. Hall, 512 U. S. 874 (1994); Voinovich v. Quilter, 507 U. S. 146 (1993); Growe v. Emison, 507 U. S. 25, 37-42 (1993); Chisom v. Roemer, 501 U. S. 380 (1991); Thornburg v. Gingles, 478 U. S. 30 (1986); cf. Chisom,
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