I’ve already discussed a number of problems with the SG’s proposal in Callais (that plaintiffs’ demonstrative maps be required to achieve jurisdictions’ political objectives). Upon further reflection, I have two further concerns. One is that the proposal is inconsistent with the basic purpose of the first Gingles precondition. The other is that the proposal might end almost all vote dilution litigation (not “merely” suits where racial and partisan polarization coincide).

1. In Gingles and subsequent cases, the Supreme Court has been clear about the point of the first Gingles precondition. It’s to ensure that a lawful (and otherwise reasonable) remedial district could be drawn in which minority voters would be able to elect their preferred candidates. As the Cou

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