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55 Loy. U. Chi. L.J. 737 (2023-2024)
From 1965 to 2023: How Allen v. Milligan Upheld the Voting Rights Act but Failed to Adapt to the Age of Computers

handle is hein.journals/luclj55 and id is 783 raw text is: Note From 1965 to 2023: How Allen v. Milligan Upheld the Voting Rights Act but Failed to Adapt to the Age of Computers Rachel E. Dudley* In 1982, Congress amended Section 2 of the Voting Rights Act of1965 to outlaw voting practices that deprive or abridge minorities' voting rights on account of race. This amendment outlaws both intentional discrimination and disparate impacts. For the past thirty years, private citizens have used Section 2 to challenge redistricting maps that dilute minority voters' voices. In Allen v. Milligan, the Supreme Court protected Section 2 when it held that Alabama's redistricting map diluted minority voters' right to vote. The Court rejected Alabama's proposal for a new test to compare states' maps to computer-generated redistricting maps that did not consider race. The Court correctly recognized that this proposal was an oversimplified view of Section 2. The Court's mistake came from not addressing the fact that com- puters are an inadequate tool to recognize discriminatory impacts. As com- puters continue to improve and society tasks them with increased responsi- bilities, the Court must recognize their faults and limit the role it permits computers to play in lawsuits. This is especially important with Section 2 and other anti-discrimination laws that task courts with determining whether a practice has a discriminatory effect. Discriminatory impacts require a multifaceted analysis offacts and circumstances, which computers that do not consider race cannot adequately perform. * J.D. Candidate, Class of 2025, Loyola University Chicago School of Law. Many thanks to the editors and staff of the Loyola University Chicago Law Journal for their dedication to the publication, as well as edits and improvements on my Note. I am also very thankful for Michael Parksy for his guidance throughout my writing process. Lastly, I am grateful for my parents and forthe support and encouragement they offer me in everything I do, this Note would not be possible without them. 737