holder hall argued october decided june bleckley county georgia always form government whereby single commissioner holds legislative executive authority state legislature authorized county adopt referendum multimember commission consisting five members elected districts chair elected large voters defeated proposal although previously approved district plan county school board respondents black voters local chapter national association advancement colored people filed action district rejected constitutional claim commission enacted maintained intent exclude limit political influence county black community violation fourteenth fifteenth amendments also ruled claim commission size violated voting rights act finding respondents satisfied one three preconditions established thornburg gingles appeals reversed statutory claim holding totality circumstances supported liability remanding formulation remedy suggested modeled county school board election system held judgment reversed case remanded reversed remanded justice kennedy joined chief justice justice concluded parts iii page ii size governing authority subject vote dilution challenge along determining whether gingles preconditions met whether totality circumstances support liability finding suit must find reasonable alternative practice benchmark measure existing voting practice however objective workable standard choosing reasonable benchmark challenge brought government body size reason one size picked another respondents offered convincing reasons benchmark hypothetical commission commission common form governing authority state bear dilution since sole commissioner system impact voting strength whether shared none georgia counties county authorized expand commission adopted school board likewise irrelevant considerations indicate county change size governing body minimal disruption failure says nothing effects current system county citizens voting power pp case remanded consideration respondents constitutional claim justice kennedy joined chief justice concluded part voting practice subject preclearance requirement act necessarily subject dilution challenge sections differ structure purpose application contrast cases baseline comparison exists definition proposed voting practice measured existing practice determine whether retrogression result proposed change pp justice concluded precedent compels conclusion size governing authority standard practice procedure standard practice procedure respect voting agreed dilution challenge governing authority size maintained never objective alternative benchmark comparison pp justice thomas joined justice scalia concluded size governing body attacked standard practice procedure within terms examination text makes clear terms refer practices affect minority citizens access ballot districting systems electoral mechanisms may affect page iii weight given ballot duly cast counted simply beyond purview act decision thornburg gingles interprets reach claims vote dilution overruled gingles based upon flawed method statutory construction produced interpretation odds text act proved unworkable practice pp holder hall justice kennedy announced judgment delivered opinion chief justice joined part justice joined case presents question whether size governing authority subject vote dilution challenge voting rights act state georgia counties one bleckley county rural county central georgia black persons make nearly eligible voting population bleckley county since creation county single commissioner form government exercise county governing authority see ann supp system bleckley county commissioner performs executive legislative functions county government including levying general special taxes directing controlling county property settling claims ann addition bleckley county georgia counties use single commissioner system rest multimember holder hall commissions georgia legislature authorized bleckley county adopt multimember commission consisting five commissioners elected districts single chairman elected large referendum held however electorate adopt change multimember commission similar referendum four years earlier county voters approved district plan election county school board respondents six black registered voters bleckley county county chapter national association advancement colored people challenged single commissioner system suit filed petitioners jackie holder incumbent county commissioner probate judge robert johnson superintendent elections complaint raised constitutional statutory claim constitutional claim respondents alleged county commission enacted maintained intent exclude limit political influence county black community violation fourteenth fifteenth amendments outset district made extensive findings fact political history dynamics bleckley county found example county formed black citizens vote indeed passage federal civil rights laws bleckley county enforced racial segregation aspects local government courthouse jails public housing governmental services deprived black citizens opportunity participate local government md even today though legal segregation longer exists black white residents bleckley county continue endure depressed holder hall status ibid black person run elected office bleckley county commissioner district judge stated run public office run black bleckley county see rejected respondents constitutional contention however concluding respondents ha failed provide evidence bleckley county single member county commission wa product original continued racial animus discriminatory intent evidence system maintained tenuous reasons commissioner unresponsive particularized needs black community slating process stand barrier black candidates testimony respondents unaware racial appeals recent elections statutory claim respondents asserted county commission violated voting rights act stat amended statute suit contended bleckley county must county commission sufficient size election districts county black citizens constitute majority one districts applying framework established thornburg gingles district found respondents satisfied first three gingles preconditions black voters sufficiently numerous compact constituted majority one district multimember commission particular district found county commission increased number six commissioners elected five single member districts districts present school holder hall board election districts black majority safe district result found however respondents failed satisfy second third gingles preconditions whites vote bloc manner sufficient defeat candidate blacks politically cohesive appeals eleventh circuit reversed statutory claim relying decision carrollton branch naacp stallings first held challenge single commissioner system subject analysis used gingles applying analysis appeals agreed district respondents satisfied first gingles precondition showing blacks constitute majority electorate one five districts explained appropriate consider size geographical compactness minority group within restructured form challenged system existing structure challenged dilutive appeals found district erred concluding second third gingles preconditions met turning totality circumstances found circumstances supported finding liability therefore concluded respondents proved violation remanded formulation remedy suggested well modeled system used elect bleckley county school board statutory ruling appeals consider district ruling respondents constitutional claim granted certiorari review statutory holding appeals holder hall ii section voting rights act provides voting qualification prerequisite voting standard practice procedure shall imposed applied state political subdivision manner results denial abridgement right citizen vote account race color vote dilution suit along determining whether gingles preconditions met whether totality circumstances supports finding liability must find reasonable alternative practice benchmark measure existing voting practice see post concurring part concurring judgment justice explained gingles phrase vote dilution suggests norm respect fact dilution may ascertained order decide whether electoral system made harder minority voters elect candidates prefer must idea mind hard minority voters elect preferred candidates acceptable system opinion concurring judgment internal quotation marks omitted certain cases benchmark comparison dilution suit obvious effect voting rule instance evaluated holder hall comparing system rule system without rule objective workable standard choosing reasonable benchmark evaluate challenged voting practice follows voting practice challenged dilutive see post concurring part concurring judgment facts case well illustrate search benchmark quite problematic dilution challenge brought size government body principled reason one size picked another benchmark comparison respondents argue compare bleckley county sole commissioner system hypothetical commission order determine whether current system dilutive respondents amicus curiae give three reasons single commissioner structure compared commission instead say body commission common form governing authority state state legislature authorized bleckley county adopt commission chose county moved single superintendent education school board five members elected districts see brief amicus curiae referents bear upon dilution matter instance popular commission system georgia determining whether dilutes vote minority racial group bleckley county commission uncommon state georgia commission quite common tells us nothing effects minority group voting strength sole commissioner system impact regardless holder hall whether shared none counties georgia makes little sense say respondents sole commissioner system subject dilution challenge rare immune common bleckley county authorized state expand commission adopted school board likewise irrelevant considerations dilution inquiry facts indicate bleckley county change size commission minimal disruption county failure says nothing effects sole commissioner system voting power bleckley county citizens surely minority group voting strength less diluted state authorized county alter size commission county enlarged school board one gets sense respondents chosen benchmark sake benchmark one thing say benchmark found quite another give convincing reason finding first place bolster argument respondents point cases may interpreted indicate covered jurisdictions may change size government bodies without obtaining preclearance attorney general federal courts brief respondents see presley etowah county slip lockhart city rome respondents contend cases together similarity language act compel conclusion size government body must subject dilution challenge holder hall true chisom roemer said coverage presumed least differential coverage anomalous adopt conclusive rule effect however think fact change voting practice must precleared necessarily means voting practice subject challenge dilution suit sure structure purpose mirrored case interpreting application cases convincing two sections differ structure purpose application section applies certain jurisdictions specified congress proposed changes voting procedures beer see specifying jurisdictions applies covered jurisdictions proposed change voting practice must approved advance attorney general federal courts purpose requirement always insure voting procedure changes made lead retrogression position racial holder hall minorities respect effective exercise electoral franchise proposed voting practice measured existing voting practice determine whether retrogression result proposed change see baseline comparison present definition existing status may difficulty determining whether proposed change cause retrogression little difficulty discerning two voting practices compare determine whether retrogression occur see cfr retrogression inquiry dilution cases whether voting practice results denial abridgement right citizen vote account race color plaintiffs establish section violation merely showing challenged reapportionment annexation example involved retrogressive effect political strength minority group unlike cases therefore benchmark exist definition dilution cases explained voting practices fact may appropriate benchmark determine existing voting practice dilutive reason voting practice subject preclearance requirements necessarily subject dilution challenge conclusion quite unremarkable example perkins matthews held town annexation land covered notwithstanding holding think quite improbable suggest dilution challenge brought town existing political boundaries attempt force annex surrounding land arguing current boundaries dilute racial group voting strength comparison proposed holder hall new boundaries likewise mccain lybrand indicated change appointive elected office covered doubt congress contemplated racial group bring dilution challenge appointive office attempt force change elective office arguing appointive office diluted voting strength comparison proposed elective office think examples serve show voting practice necessarily subject dilution challenge even change voting practice subject preclearance requirements iii respect challenges size governing authority respondents fail explain search reasonable alternative benchmarks begin end provide acceptable principles deciding future cases wide range possibilities makes choice inherently standardless post concurring part concurring judgment therefore conclude plaintiff maintain challenge size government body bleckley county commission judgment appeals reversed case remanded consideration respondents constitutional claim ordered footnotes section provides voting qualification prerequisite voting standard practice procedure shall imposed applied state political subdivision manner results denial abridgement right citizen vote account race color section requires preclearance approval attorney general henever covered state political subdivision shall enact seek administer voting qualification prerequisite voting standard practice procedure respect voting different previously force effect ensure purpose effect denying abridging right vote account race color holder hall justice concurring part concurring judgment agree justices kennedy thomas plaintiff maintain vote dilution challenge size governing authority though reach conclusion somewhat different rationale justice thomas rejects notion covers dilution challenges hold limited state enactments regulate citizens access ballot processes counting ballot post justice stevens points however stare decisis concerns weigh heavily post opinion stevens see also thornburg gingles concurring judgment know congress intended allow vote dilution claims brought agree proof vote dilution establish violation concerns require reject justice thomas suggestion overhaul established reading also agree justice blackmun see post precedents compel conclusion size bleckley county commission standard practice procedure standard practice procedure respect voting holder hall see presley etowah county slip change size change standard practice procedure change increase diminish es number officials electorate may vote lockhart change commission commission subject preclearance city rome disputed expansion size board education subject preclearance bunton patterson decided allen state board elections change elected appointed office subject preclearance allen supra given broadest possible scope justices kennedy blackmun recognize cases consistently said change size standard practice procedure respect voting subject preclearance see ante opinion kennedy post blackmun dissenting though cases involving size concerned think possible read terms narrowly terms section covers standard practice procedure covers standard practice procedure respect voting textual matter see practice standard practice procedure respect voting yet standard practice procedure indeed similarity language led conclusion chisom roemer least determining threshold coverage parallel scope determining threshold scope coverage end inquiry least far dilution challenges concerned justices kennedy blackmun agree fact size governing holder hall authority standard practice procedure answer question whether respondents may maintain vote dilution challenge see ante opinion kennedy post blackmun dissenting section vote dilution plaintiffs must establish challenged practice dilutive order electoral system dilute minority group voting power must alternative system provide greater electoral opportunity minority voters put simply order decide whether electoral system made harder minority voters elect candidates prefer must idea mind hard minority voters elect preferred candidates acceptable system gingles concurring judgment said nless minority voters possess potential elect representatives absence challenged structure practice claim injured structure practice emphasis original see also concurring judgment relative lack minority electoral success challenged plan compared success predicted measure undiluted minority voting strength employing constitute powerful evidence vote dilution emphasis added accordingly determine whether voters possess potential elect representatives choice absence challenged structure courts must choose objectively reasonable alternative practice benchmark dilution comparison general agreement see ante opinion kennedy must find reasonable alternative practice benchmark measure existing voting practice post blackmun dissenting allegedly dilutive mechanism must measured holder hall benchmark alternative structure practice reasonable workable facts specific case require preclearance changes size case question alternative benchmark never arises benchmark simply former practice employed jurisdiction seeking approval change see ante opinion kennedy dilution challenges raise difficult questions case presents question whether dilution challenge size ever objective alternative benchmark comparison agree justice kennedy justice kennedy points ante alternative benchmark often challenge multimember system example may compare system multiple districts see gingles supra davidson minority vote dilution overview minority vote dilution davidson ed similarly may assess dilutive effect majority vote requirements numbered posts staggered terms residency requirements rules comparing election results system challenged practice results system without challenged practice cf city rome supra civil rights voting rights act ten years pp note application section voting rights act runoff primary election laws though may disagreements precise appropriate alternative practice cases see gingles supra concurring judgment least objectively determinable constraints dilution inquiry dilution challenges size however dilution challenge size holder hall governing authority choosing alternative comparison hypothetical larger smaller governing authority extremely problematic see ante opinion kennedy wide range possibilities makes choice inherently standardless example respondents argued commission structure dilutive comparison structure probably able elect one representative choice groups however able constitute majority one five districts accepts respondents reasoning allow plaintiff group insufficiently large geographically compact form majority one five districts argue jurisdiction failure establish structure dilutive see romero pomona heath managing political thicket developing objective standards voting rights litigation stetson nce one departs current number districts objective standard test loses validity threshold standard respondents argue concern arbitrary standardless intrusions size local governing authority overstated respondents principal support conclusion commission common size georgia commission common size georgia georgia counties commissions one county commission moreover good reason search benchmarks limited georgia expanding search nationwide produces many county commissions tennessee commissions wisconsin desantis county government century change holder hall municipal yearbook pp sum respondents explain common alternative practice must reliable alternative benchmark dilution comparison explain search alternative benchmarks begin end respondents failure provide meaningful principles deciding future cases demonstrates difficulty allowing dilution challenges size governing authority respondents test wide range state governmental bodies may subject dilution challenge within state many forms government including county commissions range dramatically size example majority county commissions new jersey seven members three counties smaller commissions one larger commission desantis municipal yearbook similarly south carolina norm commission number counties deviate tennessee average size county commission members one county another many wisconsin average size members commission sizes range deviations norm limited counties statewide governing authorities also range dramatically size often correlate size state example texas members state senate tiny rhode island council state governments state elective officials legislatures vi texas senate smaller national average rhode island senate larger similarly california unusually small assembly new hampshire house ibid discrepancies size among state local holder hall governing authorities reinforce concern limiting principle offered respondents practice limit little though respondents purport present bleckley county unique county commissions throughout new jersey south carolina tennessee wisconsin state legislatures texas rhode island california new hampshire ripe dilution challenge respondents theory since fit norm state moreover though examples extreme ones alone cases perhaps many potential reach allowing dilution challenges size meaningfully circumscribed requirement alternative benchmark reasonable workable post blackmun dissenting reasons concur conclusion respondents dilution challenge size bleckley county commission maintained voting rights act join parts iii justice kennedy opinion appropriately reverses judgment remands consideration respondents constitutional claim intentional discrimination also concur judgment holder hall justice thomas justice scalia joins concurring judgment asked case determine whether size local governing body subject challenge voting rights act dilutive practice agree justices kennedy size governing body attacked share reasons reaching conclusion justice kennedy persuasively demonstrates principled method determining benchmark size governing body might compared determine whether dilutes group voting power justice rely consideration conclude size challenged act see ante opinion kennedy ante concurring part concurring judgment practical concerns justices kennedy point inform proper construction act explicitly anchor analysis case statutory text voting qualification prerequisite voting standard practice procedure challenged hold size governing body standard practice holder hall procedure within terms act view however principle limiting scope terms standard practice procedure derived text act exclude challenge size advanced today also challenges allegedly dilutive election methods considered within scope act past believe systematic reassessment interpretation required case broad reach given section might suggest size governing body like election method potential diluting vote minority group come within terms act gloss placed words standard practice procedure cases alleging dilution odds terms statute proved utterly unworkable practice review current state cases shows construing act cover potentially dilutive electoral mechanisms immersed federal courts hopeless project weighing questions political theory questions judges must confront establish benchmark concept undiluted vote worse pursuing ideal measure voting strength devised remedial mechanism encourages federal courts segregate voters racially designated districts ensure minority electoral success collaborated may aptly termed racial balkaniz ation nation shaw reno slip longer adhere reading act comport terms statute produced disastrous misadventure judicial policymaking hold size government body standard practice procedure properly understood terms reach state enactments limit citizens access ballot holder hall one surveys history voting rights act et one struck sea change occurred application enforcement act since passed statute originally perceived remedial provision directed specifically eradicating discriminatory practices restricted blacks ability register vote segregated south act grown something entirely different construing act cover claims vote dilution converted act device regulating rationing apportioning political power among racial ethnic groups process read act essentially grant authority federal judiciary develop theories basic principles representative government resort political theory enable determine electoral systems provide fairest levels representation effective undiluted votes minorities turn analysis text explain view terms statute authorize project undertaken name act intend first simply describe development basic contours vote dilution actions voting rights act examination current state decisions make holder hall obvious simple fact far long gone unmentioned vote dilution cases required federal courts make decisions based highly political judgments judgments courts inherently make clear understanding destructive assumptions developed guide vote dilution decisions role given federal courts redrawing political landscape nation make clear pressing need us reassess interpretation act enforced years immediately following enactment voting rights act stat perceived primarily legislation directed eliminating literacy tests similar devices used prevent black voter registration segregated south see thernstrom whose votes count affirmative action minority voting rights hereinafter thernstrom see also guinier representation minority interests question districts cardozo referring actions securing access ballot first generation voting rights act claims focus enforcement flowed doubt emphasis access ballot apparent central provision act used mathematical formula based voter registration turnout define certain covered jurisdictions use literacy tests immediately suspended holder hall stat section act reflected concern registration provided federal examiners dispatched covered jurisdictions whenever attorney general deemed necessary supervise registration black voters prevent evasion requirements required covered jurisdictions obtain preclearance department justice altering voting qualification prerequisite voting standard practice procedure respect voting act immediately notably successful removing barriers registration ensuring access ballot example mississippi black registration levels skyrocketed mere two years alabama increase time period see thernstrom end black voter registration reached least every covered state see grofman handley niemi minority representation quest voting equality decision allen state bd elections however marked fundamental shift focal point act opinion dealing four companion cases allen determined act given broadest possible scope thus fairley patterson decided covered jurisdiction switch districting system system election county supervisors standard practice procedure respect voting subject preclearance stating act aimed subtle well obvious state regulations effect denying citizens right vote race reasoned preclearance provisions apply changes electoral laws pertain holder hall registration access ballot provisions might dilute force minority votes duly cast counted see decision allen thus ensured terms standard practice procedure extend encompass wide array electoral practices voting systems might challenged reducing potential impact minority votes consequence allen also ensured courts required confront number complex essentially political questions assessing claims vote dilution voting rights act central difficulty vote dilution case course determining point comparison dilution measured justice frankfurter observed several years allen alk debasement dilution circular talk one speak debasement dilution value vote first defined standard reference vote worth baker carr frankfurter dissenting see also thornburg gingles concurring judgment order decide whether electoral system made harder minority voters elect candidates prefer must idea mind hard minority voters elect preferred candidates acceptable system setting benchmark undiluted fully effective voting strength must necessarily make judgments based purely assessment principles political theory justice harlan pointed dissent allen voting rights act supplies rule rely upon deciding example whether multimember system election preferred district system whether one provides effective vote holder hall another one system negroes influence election officers minority groups influence selection fewer officers allen supra opinion concurring part dissenting part choice inherently political one depends upon selection theory defining fully effective vote bottom theory defining effective participation representative government short actually asked vote dilution case choose among competing bases representation ultimately really among competing theories political philosophy baker supra frankfurter dissenting perhaps prominent feature philosophy emerged vote dilution decisions since allen preference districting schemes benchmark measuring undiluted minority voting strength remedial mechanism guaranteeing minorities undiluted voting power see growe emison slip gingles supra declaring district generally appropriate standard measure minority group potential elect mobile bolden plurality opinion noting districts preferred remedial schemes connor finch indeed commentators surveying history voting rights litigation concluded objective voting rights plaintiffs use act attack multimember districting schemes replace districting systems drawn districts ensure minority control seats see guinier cardozo guinier thernstrom apparent however holder hall principle inherent constitutional system even history nation electoral practices makes districts proper mechanism electing representatives governmental bodies giving undiluted effect votes numerical minority contrary earliest days republic multimember districts common feature political systems framers left unanswered constitution question whether congressional delegations several elected general ticket state whole districting scheme left matter resolved congress see art cl congress determined representatives elected districts see act june ch stat districting rule constitutions original provided representatives state legislatures elected multimember districts today although come increasing attack voting rights act multimember district systems continue feature american political landscape especially municipal governments see municipal yearbook table american cities use election systems governing bodies obvious advantage perceived districts course tendency holder hall enhance ability numerical minority electorate gain control seats representative body see gingles choosing districting benchmark electoral plan basis made political decision indeed decision depends prior political choice made answer justice harlan question allen justice harlan asked whether group votes considered effective provide influence greater number seats control lesser number seats see answering query determined purpose vote fully effective vote controlling seats words effort develop standards assessing claims dilution adopted view members numerically significant minority denied fully effective use franchise unless able control seats elected body theory votes control representative essentially wasted cast go unrepresented surely disenfranchised barred registering cf equating denial ability elect candidates denial vote conclusions course depend upon certain theory effective vote theory inherent holder hall concept representative democracy fact clear assumptions guided reflect one possible understanding effective exercise franchise understanding based view voters represented choose delegate mirror views legislative halls see generally pitkin concept representation certainly possible construct theory effective political participation accord greater importance voters ability influence rather control elections especially system influence potential swing group voters composing electorate given district considerable even focus holder hall practical influence however necessary component definition effective vote conceptions representative government may primarily emphasize formal value vote mechanism participation electoral process whether results control seat cf theory minorities unable control elected posts considered essentially without vote rather vote duly cast counted deemed effective minority group unable control seats result may plausibly attributed inescapable fact majoritarian system numerical minorities lose elections short undoubtedly infinite number theories effective suffrage representation proper apportionment political power representative democracy drawn upon answer questions posed allen see generally pitkin supra holder hall pretend provided sophisticated account various possibilities matters political theory beyond ordinary sphere federal judges precisely point matters set resolve vote dilution cases questions political philosophy questions law readily subjected judicially manageable standards guide courts attempting select competing theories political choices make end determination primary purpose effective vote controlling seats selection districting mechanism providing control one sense even critical decisions made devising standards assessing claims dilution selection districting benchmark election plan tell judge little number minority districts create districting tells members minority control seats many seats allowed control many critical issue one accepts proposition effectiveness votes measured terms control seats core vote dilution claim assertion group question unable control proper number holder hall seats number seats minority percentage population enable control benchmark fair system claim inherently based ratios numbers minority population numbers seats controlled justice noted theory vote dilution must necessarily rely extent measure minority voting strength makes reference proportion minority group electorate large gingles opinion concurring judgment result mathematical calculation answer fundamental question posed claim vote dilution selecting proportion used define undiluted strength minority ratio provide principle decision vote dilution case must make political choice ratio opted thus mathematical principle driving results cases undoubtedly direct proportionality indeed four members candidly recognized gingles adopted rule roughly proportional representation least extent proportionality possible given geographic dispersion minority populations see concurring judgment choice may strike us intuitively fairest rule apply opting proportionality still political choice result required principle law dabbling political theory dilution cases prompted however hardly worst aspect vote dilution jurisprudence far pernicious willingness accept one underlying premise must inform every minority vote dilution claim assumption group asserting holder hall dilution merely racial ethnic group group distinct political interests well necessity resolving vote dilution actions given credence view race defines political interest acted implicit assumption members racial ethnic groups must think alike important matters public policy must minority preferred representatives holding seats elected bodies considered represented true gingles stated whether racial group politically cohesive may assumed rather must proved case see see also growe slip standards employed determining political cohesion proved insubstantial precondition present much barrier assertion vote dilution claims behalf racial group moreover provides test indeed designed provide test whether race determines distinctive political community interest according rule adopted gingles plaintiffs must show simply members racial group tend prefer candidates see opinion brennan set standard defining strong correlation must inquiry cause correlation determine example whether might product similar socioeconomic interests rather factor related race unnecessary ibid see also holder hall concurring judgment thus whenever similarities political preferences along racial lines exist proclaim cause correlation irrelevant effectively rely fact correlation assume racial groups unique political interests result gingles requirement proof political cohesiveness practically applied proved little different working assumption racial groups conceived largely political interest groups operating assumption assigned federal courts task ensuring minorities assured share seats elected bodies throughout nation achieve result currently fashionable mechanism drawing districts embarked upon aptly characterized process creating racially safe boroughs dallas county hill concurring specially cert denied involved federal courts indeed holder hall nation enterprise systematically dividing country electoral districts along racial lines enterprise segregating races political homelands amounts truth nothing short system political apartheid shaw slip see also slip noting racial gerrymandering may balkanize us competing racial factions blacks drawn black districts given black representatives hispanics drawn hispanic districts given hispanic representatives worse still courts taken project response judicial decisions promptings justice department attempt avoid costly disruptive voting rights act litigation begun gerrymander electoral districts according race practice promises embroil courts lengthy process attempting undo least minimize damage wrought system created see shaw supra hays louisiana wd la appeal pending assumptions upon vote dilution decisions based repugnant nation strives ideal constitution principle equality war notion district must represented negro notion district must represented caucasian district jew district catholic wright rockefeller douglas dissenting despite justice douglas warning sounded years ago voting rights decisions rapidly progressing towards system indistinguishable principle scheme members different racial groups divided separate electoral registers allocated proportion political power basis race cf holder hall jurisprudence rather requiring registration racial rolls dividing power purely population basis simply resorted somewhat less precise expedient drawing geographic district lines capture minority populations ensure existence appropriate number safe minority seats distinction practical implementation concept course immaterial basic premises underlying system safe minority districts behind racial register members racial group must think alike interests distinct group must provided separate body representatives legislature voice unique point view system whatever name called divisive force community emphasizing differences candidates voters irrelevant justice douglas correctly predicted results state sponsorship theory representation racial religious lines drawn state antagonisms relate race religion rather political issues generated communities seek best representative best racial religious partisan short devices better designed exacerbate racial tensions consciously segregated districting system currently constructed name voting rights act practical political matter drive segregate holder hall political districts race serve deepen racial divisions destroying need voters candidates build bridges racial groups form voting coalitions candidates assured election safe black districts candidates assured election safe white districts neither group needs draw support constituency win election day one judge described current trend voting rights cases bent upon polarizing political subdivisions race arrangement construct makes unnecessary probably unwise elected official white majority district responsive wishes black citizens similarly politically unwise black official black majority district responsive white citizens dallas county hill concurring specially description suggests system instituted affirmatively encourages racially based understanding representative function clear premise system geographic districts merely device manipulated establish black representatives whose real constituencies defined terms voters populate districts terms race black representative function words represent black interest cf shaw supra slip recognizing systems classify separate voters race threaten undermine system representative democracy signaling elected officials represent particular racial group rather constituency whole perhaps surprisingly adopted precisely theory racial group representation arguments advanced another case decided today johnson de grandy post show case involved claim apportionment plan holder hall florida legislature provided another hispanic district dade county florida responded claim vote dilution arguing plan already provided dade county hispanics seats proportion numbers according solicitor general claim proportionality evaluated merely basis population dade county area racial gerrymandering alleged occurred basis matter solicitor general view hispanic populations elsewhere state meet gingles geographic compactness test see thus possibly controlled districts solicitor general reasoned hispanic legislators elected hispanic districts dade county represent interests dade county hispanics interests hispanics state brief johnson de grandy argument shows least careful observers recognized racial gerrymandering vote dilution cases slightly less precise mechanism racial register allocating representation basis race results already achieved voting rights act might seem bad enough recognize approach splintering electorate racially designated districts means mark limit authority federal judges may wield rework electoral systems voting rights act jurisprudence contrary relying districting schemes touchstone cases far somewhat arbitrarily limited addressing interests minority voters sufficiently geographically compact holder hall form majority district see gingles supra reason priori however focus constrained decision rely geographic districts mechanism conducting elections merely political choice one might reconsider future indeed choice undoubtedly influenced adversary process cases come us plaintiffs focused largely upon attacking multimember districts offered schemes benchmark undiluted alternative destructive effects current penchant districts become apparent cf shaw supra courts undoubtedly called upon reconsider adherence geographic districting method ensuring minority voting power already advocates criticized current strategy creating districts urged adoption voting mechanisms example cumulative voting system using transferable votes produce proportional results without holder hall requiring division electorate racially segregated districts guinier howard howard karlan maps misreadings role geographic compactness racial vote dilution litigation hereinafter karlan taebel engstrom cole alternative electoral systems remedies minority vote dilution hamline public law policy note reconciling right vote voting rights act changes may seem radical departures electoral systems familiar indeed may unwanted people several purposely adopted districting systems electoral laws nothing present understanding voting rights act places principled limit authority federal courts prevent instituting system cumulative voting remedy even establishing elaborate mechanism securing proportional representation based transferable votes members already holder hall recognized geographic districting requirement inherent political system see davis bandemer concurring judgment districting represents middle ground elections proportional representation political parties noting current practice accepting elections given simply political judgment rather districting merely another political choice made citizenry drafting state constitutions like political choices concerning electoral systems models representation presumably subject judicial override comes conflict theories representation effective voting may develop voting rights act indeed unvarnished truth required districting fall favor members develop political thinking surprised voting rights advocates encourage us revive political imagination guinier cardozo consider innovative nontraditional remedies vote dilution karlan voting rights act jurisprudence limits political imagination place restraints standards may select defining undiluted voting systems candidly recognize geographic districting aspects electoral systems far placed beyond question merely political choices holder hall practices may fall suspicion dilutive effect minority voting strength time comes put question test may difficult indeed gingles bent creating roughly proportional representation geographically compact minorities find principled reason holding geographically dispersed minority challenge districting dilutive electoral practice principle cumulative voting methods effecting proportional representation simply efficient straightforward mechanisms achieving already become tacit objective roughly proportional allocation political power according race least one fact already abandoned districting opted instead cumulative voting basis remedy voting rights act violation district district maryland recently reasoned compared system divides voters districts according race umulative voting less likely increase polarization different interests allow voters way exercise votes district thereby avoiding government involvement process segregating electorate cane worcester county md cf guinier cardozo proposing similar analysis benefits cumulative voting karlan system ordered basis recognize limiting principle act prevent federal courts requiring elections state legislatures well current state understanding voting rights act reading act holder hall assigned federal judiciary task making decisions described suggest members something jurisprudence gone awry mighty platonic guardians indeed congress granted us authority determine best form local government every county city village town america constitutional system centralized politburo appointed life dictate provinces correct theories democratic representation best electoral systems securing truly representative government fairest proportions minority political influence respondents us hold today proper sizes local governing bodies cautious interpreting act congress grant us power make determinations justice blackmun suggests interpret act allow challenges size governmental bodies power determine structure local governing bodies must take bounded constraints local customs provide form benchmarks post justice rightly points benchmarks arbitrarily selected provide assured limits judicial power ante view local standards justice blackmun points today little different various standards holder hall resorted past touchstones undiluted voting systems appeal standards necessarily arbitrarily chosen serve obscure assumption vote dilution jurisprudence sweeping authority select electoral systems used every governing body based upon little passing preference five members one political theory another full understanding authority current interpretation voting rights act assigns federal courts destructive effects exercise authority presently upon body politic compels single conclusion systematic reexamination interpretation act required ii section voting rights act provides voting qualification prerequisite voting standard practice procedure shall imposed applied state political subdivision manner results denial abridgement right citizen vote account race color membership one language minority groups defined act respondents contend terms standard practice procedure extend cover size governmental body examination text makes clear however terms act reach far indeed terms act allow many challenges electoral mechanisms permitted past properly understood terms standard practice procedure refer practices affect minority citizens access ballot districting systems electoral holder hall mechanisms may affect weight given ballot duly cast counted simply beyond purview act determining scope interpreting statute begin statutory language see connecticut nat bank germain slip plain terms act covers defined category state actions voting qualification prerequisite voting standard practice procedure subject challenge act first two items list clearly refer conditions tests applied regulate citizens access ballot cover example form test requirement imposed condition registration process voting election day taken isolation last grouping terms standard practice procedure may seem somewhat less precise give words ordinary meanings however technical significance defined act normally understood include size local governing body common sense indicates size governing body aspects government structure comfortably fit within terms standard practice procedure moreover need simply treat terms isolation indeed mistake cf savings assn texas timbers inwood forest associates reading words context strongly suggests must understood referring standard practice procedure respect voting thus understood terms section extend size governmental body usually describe size form holder hall governing authority practice procedure concerning voting precedents already stretched terms standard practice procedure beyond limits ordinary meaning concluded example choice certain set district lines procedure perhaps practice concerning voting subject challenge act see growe slip even though drawing given set district lines nothing basic process allowing citizen vote process registering casting ballot counted similarly determined use multimember districts rather districts challenged act see gingles undoubtedly one critical reasons read reach districting decisions choice one districting system another affect minority group power control seats elected body see ibid respect however districting practices treated subject challenge act essentially similar choices concerning size governing authority drawing district lines one way rather another using one type districting system rather another affect ability minority group control seats restricting number seats available districts drawn practice concerning voting conclude many districts drawn practice well sure distinction made size local governing body districting mechanism ordinarily think size government greater independent significance functioning governmental body choice districting systems apportioning representation interfering form government therefore might holder hall appear involve greater intrusion state sovereignty distinctions size governing body potential voting practices bottom depend upon closely related voting thus rooted way text contrary may seem obvious size government within reach act look text statute limiting principle confines terms standard practice procedure excludes government size reach must conclude line drawn excludes many practices already decided subject challenge act return act reexamine terms setting actions regulated careful reading statutory text reveal good deal limitations scope section suggested terms standard practice procedure appear included sort provision seem phrased eye eliminating possibility evasion nevertheless terms round list sensible maxim construction limits way understand general words appended enumeration specific items principle ejusdem generis suggests general terms understood refer items belonging class defined specific terms list see cleveland holder hall specific items described voting qualification prerequisite voting indicate congress concerned section procedure however might denominated regulates citizens access ballot procedure might erect barrier prevent potential voter casting vote describing laws subject congress focused attention upon provisions regulating interaction individual voter voting process hurdles citizen might cross form prerequisites qualifications general terms section naturally understood therefore refer methods conducting part voting process might similarly used interfere citizen ability cast vote undoubtedly intended ensure entire voting process process begins registration includes casting ballot ballot counted covered act cf infra simply including general terms ensure efficacy restriction imposed congress understood expanded scope restriction beyond logical limits implied specific terms statute cf cleveland supra ejusdem generis rule construction general words confined class may used enlarge moreover terms describing practices regulated act focuses individual voter section also speaks singular right citizen vote giving terms standard practice procedure expansive interpretation reach potentially dilutive practices however distort focus individual vote dilution claim necessarily depends assertion group right cf bandemer concurring judgment holder hall heart claim contention members group collectively unable exert influence numbers suggest might alternative system group right however finds grounding terms course scope right protected act provide guidance concerning meaning terms standard practice procedure terms act standard practice procedure may result denial abridgement right vote within reach nothing language used describe protection provided act suggests protecting right vote section meant incorporate concept voting encompasses concern weight influence votes contrary definition terms vote voting act focuses precisely access ballot thus provides terms vote voting shall encompass measures necessary ensure registration action required law prerequisite voting casting ballot ballot counted properly included appropriate totals votes cast true also term voting include action necessary make vote effective ibid emphasis added seized language indication congress intended act reach claims vote dilution see allen word effective plucked context rest makes clear actions congress deemed necessary make vote effective precisely actions listed registering satisfying voting prerequisites casting ballot included final tally votes cast actions described section examples steps necessary make vote holder hall effective see list actions exclusive nature examples provided demonstrates far act concerned effective vote merely one cast fairly counted see harlan concurring part dissenting part reading act prohibition practices may result denial abridgement right vote protecting access ballot also yields interpretation consistent construction virtually identical language fifteenth amendment use language taken amendment suggests section intended protect right vote scope right secured amendment certainly reason appears text act giving language broader construction statute given constitution never decided however whether fifteenth amendment understood protect vote dilution see voinovich quilter slip see also beer noting decision holding legislative apportionment plan violative fifteenth amendment holder hall terms thus indicate section focuses securing access ballot might argued reenactment understood endorsement interpretation contained cases allen terms standard practice procedure meant reach potentially dilutive practices see lorillard pons true generally assume reenactment specific statutory language intended include settled judicial interpretation language pierce underwood amended amended section retain language appeared original act regulating standard practice procedure hardly well settled allen broad reading terms standard practice procedure set scope provision reaching claims vote dilution contrary mobile bolden plurality construed manner flatly inconsistent understanding terms meant reach dilutive practices emphasizing section tracked language fifteenth amendment prohibiting use practices might deny abridge right holder hall vote bolden plurality determined intended effect different fifteenth amendment plurality view however fifteenth amendment extend reach dilution claims protections satisfied long members racial minorities register vote without hindrance bolden remained last word interpreting time section amended cf rogers lodge thus reenactment amended section language covering standard practice procedure retention virtually identical language protecting denial abridgement right vote hardly understood endorsement broad reading section provision reaching claims vote dilution finally cases shown reading reach beyond laws regulate way citizens access ballot turns section command holder hall courts evaluate abstract principles political theory order develop rules deciding votes diluted see generally supra common sense suggest lightly interpret act require courts address matters far outside normal bounds judicial competence mere use three general terms end list regulated practices properly understood incorporate expansive command act properly understood therefore provision designed protect access ballot regulating standard practice procedure reaches state laws relate either voter qualifications manner elections conducted allen harlan concurring part dissenting part section thus covers manner registration requirements practices surrounding registration including selection times places registration takes place selection registrars locations polling places times polls open use paper ballots opposed voting machines similar aspects voting process might manipulated deny citizen right cast ballot properly counted section cover however choice multimember districting system selection one set districting lines another electoral mechanism method election might reduce weight influence ballot may controlling outcome election course interpretation terms standard practice procedure effectively means provide claims called vote dilution precisely result suggested text statute section nowhere uses holder hall term vote dilution suggests goal ensure votes given proper weight examination suggest different result true construing reach vote dilution claims thornburg gingles relied largely gloss supplied legislative history amendments act see text supplies weak foundation indeed reading act reach claims concluded gingles amendments incorporated act specifically results test measuring violations test intended replace purposes intent test announced bolden voting rights claims voting rights act fourteenth fifteenth amendments section thus prohibits certain state actions may resul denial abridgement right vote incorporates virtually exact language results test employed white regester applied constitutional voting rights cases decision bolden section directs courts consider whether based totality circumstances state practice results members minority group hav ing less opportunity members electorate participate political process elect representatives choice cf white supra whitcomb chavis mere adoption results test rather intent test says nothing type state laws may challenged using test contrary type state law may challenged addressed explicitly noted chisom roemer address distinct issues defines holder hall explicitly limits type voting practice may challenged act provides test determining legality practice thus initial matter reason think serve expand scope prohibition described extend terms electoral mechanisms might dilutive effect group voting power even putting concern aside moment apparent incorporation results test amended section necessarily suggest congress intended allow claims vote dilution results test useful plaintiffs whether challenging laws restrict access ballot laws accomplish diminution proper weight group vote nothing test suggests inherently tied vote dilution claims law example limiting times places registration occur might adopted purpose limiting black voter registration extremely difficult prove discriminatory intent behind facially neutral law results test allow plaintiffs mount successful challenge law without proof moreover nothing language uses describe results test particularly indicates test intended used act assessing claims dilution section directs courts consider whether totality circumstances members minority group less opportunity members electorate participate political process elect representatives choice natural reading language suggest citizens equal opportunity participate electoral process equal opportunity elect representatives holder hall given free open access ballot citizens votes properly counted section speaks terms opportunity chance participate elect assured ability attain particular result since ballot provides formal mechanism obtaining access political process electing representatives seem one chance others register cast ballot equal opportunity participate elect whether candidates chooses ultimately successful sure test read apply claims vote dilution well conclude example multimember districting system denied group voters equal opportunity participate political process elect representatives embark extended project political theory described part opinion words develop theory benchmark undiluted voting system provides minorities fairest equitable share political influence undoubtedly dizzying array concepts political equality might described aid task used attribute different values different systems election see still political equality election systems ethics statutory command determine whether members minority equal opportunity participate holder hall political process elect representatives provides guidance concerning one possible standards setting undiluted voting strength chosen others contrary common sense read reference equal opportunity charter federal courts embark ambitious project developing theory political equality imposed nation true one factor courts may consider results test might fit comfortably interpretation act reaches vote dilution claims section provides one circumstance may considered assessing results test extent members protected class elected office obviously electoral outcomes relevant claims vote dilution assuming course control seats selected measure effective voting circumstances results recent elections might holder hall also relevant demonstrating particular practice concerning registration polling served suppress minority voting better factors consider figures voter registration turnout last election broken according race data readily available election results may certainly one circumstance consider determining whether challenged practice resulted denying minority group access political process act merely directs courts ignore evidence electoral outcomes altogether moreover language providing electoral outcomes may considered one circumstance results test explicitly qualified provision directly speaks question whether meant reach claims vote dilution suggests dilution claims covered section last clause subsection unmistakable terms nothing section establishes right members protected class elected numbers equal proportion population four members observed gingles inherent tension disclaimer proportional representation interpretation encompasses vote dilution claims concurring judgment explained dilution claims nature depend upon mathematical principle heart claim assertion plaintiff group hold proper number seats result principle deciding case must supplied arithmetic ratio either group attained proper number seats current election system declaring section provides right proportional representation necessarily commands existence absence proportional electoral holder hall results become deciding factor assessing claims removes consideration logical ratio assessing claim vote dilution resolve dilution claim therefore either must arbitrarily select different ratio represent undiluted norm ratio less intuitive appeal direct proportionality must effectively apply proportionality test direct contravention text act hence inherent tension text act vote dilution claims given nowhere speaks terms dilution explicit disclaimer removing field play natural deciding principle dilution cases surely strong signal claims fall within ambit act holder hall true terms standard practice procedure act construed reach districting systems potentially dilutive electoral mechanisms see allen congress reenacted subsequent decisions adopting expansive interpretation see board sheffield georgia nevertheless text section suggests precisely focus measures relate access ballot appears section requires covered jurisdictions obtain preclearance change voting qualification prerequisite voting standard practice procedure respect voting specific terms list regulated state actions describe laws limit access ballot moreover makes focus individual voter access voting booth even apparent section goes state person shall denied right vote failure comply qualification prerequisite standard practice procedure holder hall emphasis added command makes explicit regulating standards practices procedures respect voting congress clearly concerned changes procedure voters comply allen harlan concurring part dissenting part obvious districting system potentially dilutive mechanism matter something voter comply case description terms standard practice procedure thus suggests focus rules regulate individual voter ability register cast ballot abstract concern effect various electoral systems might weight votes cast group constitutes numerical minority electorate view tension terms act construction placed least suggests interpretation adopted wholesale supply meaning terms standard practice procedure expansive construction well established yet plurality bolden focusing terms act adopt similarly expansive construction rather bolden plurality concluded strictly limited reach fifteenth amendment plurality interpreted addressing matters relating access ballot see bolden reach similar result careful reading language dictates narrow interpretation section reason transplanting interpretation terms interpretation believe tension holder hall text another section act foregoing clear far text voting rights act concerned speak terms vote dilution gingles concurring judgment one might wonder consistently concluded know congress intended allow vote dilution claims brought juxtaposition two statements surely makes result cases appear extraordinary since suggests sort statutory construction divination allowed us determine congress really meant enact statute vote dilution even though congress explicitly truth method construing little better source relied upon expansive meaning given legislative history act holder hall first considered amended thornburg gingles although precise scope terms standard practice procedure specifically addressed case gingles nevertheless established current interpretation amended section provision addresses vote dilution particular fixed understanding results test intended measure vote dilution terms electoral outcomes see concurring judgment stating gingles made electoral results linchpin vote dilution claims reaching interpretation gingles rejected argument advanced amicus curiae test based equal opportunity participate political process elect representatives suggested focus nothing securing equal access political process focus measuring influence minority group votes terms electoral outcomes see brief amicus curiae thornburg gingles pp understanding course compatible interpretation set approaching gingles based little bald assertion authoritative source legislative intent lies committee reports bill bypassed consideration text act proceeded interpret section based almost exclusively legislative history legislative history holder hall culled understanding provision encompassing claims electoral system diluted minority group vote understanding claims dilution evaluated based upon closely electoral outcomes given system approximate outcomes obtain alternative undiluted norm see contrary remarkable legislative history first method statutory construction pursued gingles however thought firmly established authoritative source legislative intent text statute passed houses congress presented president series partisan statements purposes objectives collected congressional staffers packaged committee report stated time courts must presume legislature says statute means means statute says germain slip see also ron pair enterprises holder hall oneale thornton cranch nevertheless analysis gingles marked conspicuously absence attempt pursue close reading text act outlined addressed text concluded terms act address matters vote dilution moreover legislative history use gingles aptly illustrate legislative history often used forensic rather interpretive device wisconsin public intervenor mortier scalia concurring judgment read selectively support result intends achieve well documented history amendments act passed compromise reached addition provision disclaiming right proportional representation see pp additional views hatch views author compromise senator dole hardly coincide gloss placed according senator dole amended bsolutely provide redress group voters challenging electoral mechanisms jurisdiction process open equal access barriers direct indirect thrown keep someone voting vote counted registering whatever process may include cong rec contrary interpretation section gingles senator dole viewed provision narrowly focused access processes surrounding casting ballot provision concerned ensuring electoral outcomes accordance undiluted norm see supra additional views dole legislative history thus hardly holder hall provided unambiguous support interpretation indeed seems used helpful interpretation legislative history ignored cf mortier supra scalia concurring judgment course mentioned gingles directly address meaning terms standard practice procedure understanding terms extend state laws establishing various electoral mechanisms dates decision allen construed identical terms act method statutory construction allen little different pursued gingles analysis text demonstrates similarly yielded interpretation tension terms act allen noting defined voting include action necessary make vote effective abandoned attempt construe text act went instead conclude legislative history whole supports view congress intended reach state enactment altered election law covered state even minor way allen surprisingly legislative history relied upon allen also displayed typical flaws one might expect hardly unequivocal see harlan concurring part dissenting part noting inconsistencies legislative history thus extent allen implicitly served basis subsequent interpretation terms hardly thought provide surer rooting language act method statutory construction pursued gingles remarkably thanks reliance legislative history interpreted way four members one time candidly admitted holder hall inherent tension congress wished wished avoid gingles concurring judgment understanding congress purportedly wished allow claims vote dilution depends solely selective reading legislative history whereas congress statement wished avoid appears explicitly disclaimer right proportional representation see logical reason import inherent tension two imperatives act face statute incorporates one two potentially contradictory commands thought key resolving conflict text legislative history obvious text statute must control text extend act claims dilution function interpret apply committee reports pieces legislative history rather acts congress might conclude made best bad situation interpreting voting rights act quagmire congress creation apparent however arrived current understanding act attendant pitfalls abandoning proper methods statutory construction errors method past cases ordinarily might indicate need forsake established line precedent produced inherent tension interpretation text act yielded construction statute discuss unworkable practice destructive effects must repudiated stare decisis inexorable command payne tennessee indeed holder hall governing decisions unworkable badly reasoned never felt constrained follow precedent internal quotation marks omitted discussion make clear decision gingles interpreting scope badly reasoned wholly substituted reliance legislative history analysis statutory text produced far expansive interpretation careful reading language statute allow worse interpretation required us distort decisions obscure fact political choice heart cases rests precisely principle act condemns proportional allocation political power according race continued adherence line decisions necessitates dissembling possibly promote perceived one central values policy stare decisis preservation actual perceived integrity judicial process payne supra endeavored explain core vote dilution claim assertion plaintiff group hold seats proportion logical way avoid reliance holder hall simple ratio evaluating claim allocation seats direct proportion minority group percentage population provides logical ratio apply undiluted norm makes clear act create right proportional representation thus dictates proportionality provide rule decision claims see supra nevertheless despite statutory command deciding claims vote dilution turned proportionality guide simply lack better alternative formulation test evaluating vote dilution claims ever dispensed inevitable need consult mathematical formula decide case factors listed white regester resurrected senate report amendments see pp finally reincorporated decision gingles see although praised cases test ensuring vote dilution determined based totality circumstances reality provide rule deciding vote dilution claim based anything numerical principle gingles condensed import factors formula stating essence vote dilution claim certain electoral law practice structure interacts social historical conditions cause inequality opportunities enjoyed black white voters elect preferred representatives holder hall apparent whether electoral practice reduce ability numerical minority control election representatives determined wholly without reference social historical conditions dilutive effects various electoral procedures matters mathematics social historical conditions interact election mechanism thus relevant vote dilution case extent important establishing minority group fact define distinct political interest group might assert vote diluted mechanism issue social historical considerations however supply answer ultimate question whether group vote diluted reality list white factors provides nothing list possible considerations might consulted attempting develop gestalt view political racial climate jurisdiction list provide rule deciding vote dilution claim take example case district determines minority group constituting population certain jurisdiction suffered discrimination past group currently bears effects discrimination history racial campaigning jurisdiction cf white supra facts possibly answer question whether group votes diluted group controls two rather three seats governing body answer ultimate question change first two factors found third obviously various factors singly combination provide principle determining result one must know decide case whether seats government sufficient reflect undiluted voting holder hall strength required course suggested white factors may relevant determining threshold matter whether minority group distinct political group able assert claim dilution gingles inquiry whether race defines political interest effectively boiled weakened test minority political cohesiveness majority bloc voting embodied second third gingles preconditions see plaintiff group establishes mathematically possible control another seat satisfies first gingles precondition size geographic compactness see distinct political group show political cohesion majority bloc voting question remaining vote dilution claim whether current number seats proper number white factors become essentially superfluous may dutifully intoned courts performing empty ritual applying totality circumstances test provide guidance concerning whether current allocation seats constitutes dilution cf gingles supra concurring judgment suggesting basic contours dilution claim require reference white factors short clear factors listed gingles various incarnations whatever names known nothing puffery used fill impressive verbal formulation create impression outcome vote dilution case rests upon reasoned evaluation variety relevant circumstances totality circumstances test outlined gingles thus serves obscure inherent conflict text act underlying reliance proportionality holder hall resort proportionality cases hardly come surprise amended thus act explicitly disavowed right proportional representation members recognized inevitable drift toward proportional representation occur test outlined white used evaluate vote dilution claims justice stewart writing four members observed factors listed white amounted little gauzy sociological considerations appear principled manner exclude claims discrete political group happens whatever reason elect fewer candidates arithmetic indicates might bolden emphasis added indeed justice stewart correct concluding putative limits imposed white factors bound prove illusory express purpose informing application vote dilution cases assumed redress inequitable distribution political influence ibid internal quotation marks omitted fact framework established evaluating vote dilution claims gingles inception frankly view correctly labeled setting rule roughly proportional representation see gingles supra concurring judgment nothing happened intervening years change basic import gingles test yet continued apply gingles framework see growe emison suggesting pursuing merely totality circumstances test another case decided today reconfirms unstated centrality proportional results opinion demonstrates obfuscation must come characterize voting rights act rulings holder hall continue entertain dilution claims pretending renounce reliance proportionality rule decision johnson de grandy post assures us proportionality provide principle deciding vote dilution claims post rather result case must depend searching inquiry ever nebulously defined totality circumstances post gingles preconditions established post white factors history discrimination found see post turn deciding principle give meaning multifarious facts taken individually appear count favor finding vote dilution quite simply turns proportionality treating equal political opportunity focus enquiry see district lines apparently providing political effectiveness districts proportion numbers deny equal political opportunity post see also post noting assessing dilutive effect pertinent features districting system issue districts substantial proportion minority share population post concurring central teaching de grandy proportionality defined relationship number voting districts minority group share relevant population always relevant evidence determining vote dilution justice comment holding davis bandemer equally applicable course pursued de grandy today decision ultimately rests political preference proportionality conviction greater departure proportionality suspect holder hall apportionment plan becomes concurring judgment sure de grandy repeatedly declares proportionality defense vote dilution claim see post course must stated rule abandon openly explicit disclaimer enacted congress given equivocation proportionality still always relevant ultimate analysis assurances ring hollow decides question dilution based upon proportionality apparent reasons gives rejecting maximization rule decision proportionality drive results future dilution cases well consider example hypothetical rehearsed concerning jurisdiction elected body minority voting population see post assume currently constituted districting scheme creates four districts even established hypothetical jurisdiction gingles factors proved found de grandy history discrimination continuing discrimination found de grandy seriously contended minority group succeed combination facts bringing challenge require creation mathematically possible seven districts recognizes absurd think allow result give group effective political power percent numerical strength proportion population post emphasis added absurd give members group seven seats equally ridiculous give six five indeed anything beyond four secure seats proportion numbers population holder hall absurd give members group seven seats tacitly acknowledges assume seats accord numerical strength ensure group equal political effectiveness thus deliberately drawing districts give assumptions hypothetical population control seats leaving population control similar seats seem us unfair greater deviations proportionality may appear patently absurd lesser dividing line seems fair remains driving principle proportionality holder hall words strong describe dissembling pervades application totality circumstances test interpretation empty incantation mere conjurer trick serves hide drive proportionality animates decisions actions brought shaw reno already started show might euphemistically termed benign creation districts enhance opportunity minority groups elect representatives choice might also simply truthfully termed racial gerrymandering similarly might call totality circumstances test determine whether electoral practice interacts social historical conditions cause inequality opportunities enjoyed black white voters elect preferred representatives gingles might accurately called test ensuring proportional electoral results according race cf concurring judgment view current practice continue another term next case another day disastrous implications policies adopted act grave dissembling approach act damaging credibility federal judiciary inherent tension indeed call irreconcilable conflict standards adopted evaluating vote dilution claims text voting rights act sufficient view warrant overruling interpretation set gingles obvious conflict combined destructive effects expansive reading act involving federal judiciary project dividing nation racially segregated electoral districts see reasonable alternative abandoning holder hall current unfortunate understanding act stare decisis powerful concern especially field statutory construction see patterson mclean credit union see also fogerty fantasy slip thomas concurring judgment never applied stare decisis mechanically prohibit overruling earlier decisions determining meaning statutes monell new york city dept social services stare decisis bind interpretation voting rights act based flawed method statutory construction inception every day continued existence involves federal judiciary attempts obscure conflict cases explicit commands act noted past stare decisis principle policy payne quoting helvering hallock usually wise policy matters important applicable rule law settled settled right quoting burnet coronado oil gas brandeis dissenting subscribe view decisions voting rights act important settled rule right rule direction federal courts engaged methodically carving country racially designated electoral districts imperative stop reconsider whether course charted nation one set people representatives congress believe adhere construction embodied decision thornburg gingles reject assumption implicit case terms standard practice procedure voting holder hall rights act construed cover potentially dilutive electoral mechanisms understood context terms extend act prohibitions state enactments regulate citizens access ballot processes counting ballot terms include state political subdivision choice one districting scheme another terms certainly include respondents argue size local governing authority iii foregoing reasons agree conclusion size governing body subject challenge voting rights act therefore concur judgment reversing judgment remanding consideration respondents constitutional claim intentional discrimination course many basic principles discuss equally applicable constitutional vote dilution cases indeed prior amendment voting rights act dilution claims typically brought equal protection clause see white regester whitcomb chavis burns richardson early development voting rights jurisprudence cases provided basis analysis vote dilution amended thornburg gingles cf also guinier tyranny majority hereinafter guinier first generation voting litigation statute represented congressional response concerned complete total exclusion blacks electoral process time seven elected congressional delegations ticket see wesberry sanders see ga art iv mass part ii ch ii arts ii part ii art iii art iv art xiii see also klain new look constituencies need recount reappraisal see gingles concurring judgment noting determined minority voting strength assessed solely terms minority group ability elect candidates prefers emphasis omitted see also abrams raising politics minority political participation section voting rights act criticizing electoral focus narrow conception political opportunity guinier arguing since gingles courts measured black political representation participation solely reference number consistent election black candidates undoubtedly one factor prompted focus control seats desire confronted abstract question political theory concerning measure effective participation government seize upon objective standard deciding cases however much may oversimplify issues us using control seats standard reflect nuanced theory political participation least superficial advantage appealing easily measured indicia political power davis bandemer concurring judgment indeed assumptions underpinning conclusions largely parallel principles john stuart mill advanced proposing system proportional representation electoral reform great britain see mill considerations representative government mill view system representative government required electoral system ensured minority electors always minority representatives mill system allowed portion population constituted majority district control election representatives defeat minority choice candidates unjust operated produce complete disfranchisement minorities tacitly acknowledged current view constitutes effective vote may subject reevaluation least may provide exclusive definition effective voting power holder hall repeatedly reserved question whether vote dilution claim may brought failure create minority influence districts see voinovich quilter slip citing cases cf also bandemer supra noting power influence political process limited winning elections gingles supra concurring judgment suggesting focus solely minority group ability elect representatives assessing effectiveness group votes cf also levinson gerrymandering brooding omnipresence proportional representation ucla traces view cases well see whitcomb short unprepared hold elections decided plurality vote unconstitutional either districts simply supporters losing candidates legislative seats assigned see also league latin american citizens midland independent school higginbotham dissenting supposed essence republican arrangement voting minorities lose vacated rehearing en banc per curiam point perhaps widely accepted date needs little demonstration see tribe american constitutional law ed stating strategy vote dilution cases avoid necessity least hard substantive decisions political theory federal judiciary howard howard dilemma voting rights act recognizing emerging political equality norm hereinafter howard howard arguing developed substantive theory representative government theory allocating political power vote dilution cases cf citizens better gretna gretna emphasizing political cohesion gingles shown significant number minority voters prefer candidate suggesting data showing anywhere members minority group preferred candidate established cohesion cert denied justice agreed justice brennan gingles insofar determining political cohesion concerned cause correlation race candidate preference irrelevant maintained however evidence cause correlation still relevant overall vote dilution inquiry particularly question whether white majority usually vote defeat minority preferred candidate see opinion concurring judgment splintering opinions gingles point produced best uncertainty overton austin allowed bivariate regression analysis analysis measures merely correlation race candidate preference directly control factors become norm determining cohesion vote dilution cases see cf league latin american citizens clements cert denied cf lijphart proportionality methods ethnic representation belgium cyprus lebanon new zealand west germany zimbabwe electoral laws political consequences grofman lijphart eds describing methods separate electoral registers allocate political power basis ethnicity race cumulative voting scheme system commonly used corporations protect interests minority shareholders see clark corporate law pp voter many votes posts filled voter may cast many votes wishes single candidate system thus allows numerical minority concentrate voting power behind given candidate without requiring minority voters concentrated single district complete description mechanics cumulative voting see zimmerman federal voting rights act alternative election systems wm mary system utilizing transferable votes designed ensure proportional representation mathematical exactness system voter rank orders choices candidates win candidate must receive fixed quota votes may set several methods ballots listing given candidate voter first holder hall choice counted candidate candidate secured quota votes necessary election remaining ballots candidate transferred another candidate usually one listed second choice ballot see like cumulative voting system allows minority group concentrate voting power without requiring districting additional advantage ensuring surplus votes transferred support election minority voters next preference methods voting rejected bizarre concoctions voting rights act plaintiffs system transferable votes widely celebrated although unsuccessful proposal english parliamentary reform last century see generally hare election representatives ed mill considerations representative government oddity holder hall american political history cumulative voting system employed american jurisdictions see weaver proportional representation systems choosing electoral system lijphart grofman eds hyneman morgan cumulative voting illinois see also ill art iv justice stevens suggests discussion outlines policy arguments best addressed congress see post one sense precisely point issues discussed involve policy decisions matters best left congress interpretation voting rights act however required federal courts take policymaking role area voting rights forced judges make decisions matters beyond normal sphere judicial competence cf south carolina katzenbach noting congress knew resorted extraordinary stratagem contriving new rules various kinds sole purpose perpetuating voting discrimination face adverse federal decrees congress reason suppose might try similar maneuvers future indeed mobile bolden plurality concluded fifteenth amendment address concerns dilution see cf stevens concurring judgment noting plurality concluded fifteenth amendment applies practices directly affect access ballot hence totally inapplicable case bar contrary justice stevens suggestions post gomillion lightfoot indicate fifteenth amendment protecting right vote incorporates concern anything beyond securing access ballot gomillion plaintiffs claims centered precisely access complaint holder hall weight votes diminished way boundaries city drawn prevent blacks voting municipal elections altogether gomillion thus maintains distinction attempt exclude negroes totally relevant constituency statute permits negroes vote uses gerrymander contain impact negro suffrage allen state bd elections harlan concurring part dissenting part original provided standard practice procedure imposed applied deny abridge right vote stat anything applying lorillard principle construction might suggest reenacting virtually language derived fifteenth amendment define basic interest protected act congress intended preserve limitation bolden plurality found implicit language clear terms amendments passed congress sought alter understanding act announced bolden explicitly text statute explain fully infra amendments modified eliminate requirement bolden plaintiffs like plaintiffs fifteenth amendment show challenged practice adopted discriminatory intent see replaced test specific language setting standard based simply discriminatory results see stat congress intended alter understanding protects concept right vote extend prohibit vote dilution likely addressed aspect bolden explicitly well see also banzhaf electoral districts violate one man one vote principle yale suggesting close different districting systems come providing persons equal political power measured comparing statistical probability system person vote determine election result cf whitcomb addition one respect significant tension terms results test interpretation act reaches vote dilution claims section provides violation may established shown members minority less opportunity members electorate participate political process elect representatives choice emphasis added held challenged standard practice procedure must effects violate test outlined see chisom roemer clear however potentially dilutive districting method satisfy prongs test primary effect choice one districting system another direct mathematically quantifiable impact system minority group ability control given number seats even one assumes districting system may therefore said impair group opportunity elect representatives choice difficult see districting system said impair group opportunity participate political process least participation understood meaning distinct controlling seats discuss fully cases pursued latter option see infra johnson de grandy post suggests disclaims guarantee success minority candidates thus nothing say concerning remedial schemes designed provide minority group proportional control seats see post see also post kennedy concurring part concurring judgment minority control course may may result election minority candidates reading disclaimer view distorts obvious import provision clause rejecting group right elect members proportion numbers must understood disclaimer minority group right proportional political power otherwise practical terms clause reduced nullity clear system gives minority group proportional control effectively provides right elect proportionate number minority candidates act disclaims whether right utilized minority voters elect minority candidates matter voters choice de grandy position seems proviso directed system intended guarantee ability elect minority candidates proportion minority numbers system invariably guarantee election proportionate number minority candidates one system holder hall fit description system based racial register quota seats set aside members minority group think preposterous suggest disclaimer intended solely prohibit use system device never knowledge proposed voting rights case moreover extent decisions white whitcomb inform understanding suggest expressing concern proportionality used measure voting rights violation congress concerned proportional electoral power merely proportional election minority candidates see whitcomb rejecting failure minority group legislative seats proportion population sufficient basis claim emphasis added proviso understood past simply disclaimer right proportional representation see gingles concurring judgment think understanding correct need decide case whether overrule decisions construing terms standard practice procedure challenge involves although view construction may well incorrect matter first impression stare decisis suggest error prior decisions may justify overruling settled precedent determining whether abandon prior decisions requires weighing multitude factors one important extent decisions question proved unworkable cf infra regard practical differences application justice kennedy points see ante view suggest original matter terms two sections read different meanings justice kennedy observations might suggest different considerations bearing question whether past interpretations abandoned contexts indeed context might suggest contrary conclusion result reach see infra however question another day offering two citations support sweeping proposition committee reports provide authoritative source legislative intent gingles plainly misread import prior decisions far giving unqualified endorsement committee reports guide congressional intent garcia merely indicated resort legislative history holder hall necessary committee reports various sources legislative history considered see however carefully repeated justice jackson admonition esort legislative history justified face statute inescapably ambiguous quoting schwegmann calvert distillers concurring opinion similarly zuber allen considered reliability committee reports relative matter comparing statements made individual congressmen floor debates see even agreed justice jackson resort legislative history permissible text statute inescapably ambiguous agree use made legislative history interpreting think clear first interpreting never undertaken inquiry meaning plain language statute determine whether ambiguous second text riddled hopeless ambiguity assume purposes analysis measure holder hall effective votes control seats precisely measure applied past see gingles concurring judgment noting made electoral results linchpin dilution claims today see johnson de grandy post equating political effectiveness control districts course throughout discussion concerning inevitable resort proportionality assumed effective votes measured terms control seats see supra justice suggests opinion de grandy measure effectiveness votes simply terms numbers seats terms amorphous concept access political process need make proportionality dispositive see de grandy post concurring cf white gingles made control seats determining factor dilution claims measure applied cases gingles remains measure applied practice cases handed today view unrealistic think reverse course establish broader understanding political effectiveness totality circumstances test consistently pursued measure effective voting makes electoral results linchpin dilution claims see concurring judgment indeed change course made unlikely one practical consideration decision de grandy perhaps suggests measuring political effectiveness method counting numbers seats rapidly become wholly unmanageable task suggested see supra one reasons seized upon control seats measure effective political participation simply control seats provides easily measured indicia political power bandemer concurring judgment holder hall justice blackmun justice stevens justice souter justice ginsburg join dissenting five justices today agree size governing body standard practice procedure voting rights act amended act different five justices decide three separate theories voting rights plaintiffs bring dilution challenges based size however believe act history precedent require us conclude size governing body standard practice procedure also minority voters may challenge dilutive effects practice demonstrating potential elect representatives objectively reasonable alternative practice accordingly dissent decision minority voters bring vote dilution challenges based size existing government body section act prohibits imposition application voting qualification prerequisite voting standard practice procedure results denial abridgement right citizen vote account race color holder hall emphasis added section parallels requiring certain jurisdictions preclear attorney general change voting qualification prerequisite voting standard practice procedure respect voting emphasis added broad interpretation congress attorney general consistently given act general particular practice electing single commissioner opposed multimember commission constitutes standard practice procedure nearly years precedent admonish us act adopted broad remedial purpose rid ding country racial discrimination voting chisom slip op quoting south carolina katzenbach given broadest possible scope allen state board elections act nowhere amplifies meaning phrase standard practice procedure respect voting ha sought guidance history purpose act dougherty county bd ed white see also mccain lybrand act must interpreted light prophylactic purpose historical experience reflects consistent act remedial purposes held wide variety practices fit within term standard practice procedure among covered practices annexation land enlarge city boundaries see perkins matthews pleasant grove rule requiring employees take leaves absence campaign elective office see dougherty county bd candidate holder hall filing dates procedural requirements see whitley williams decided allen state board elections supra hadnott amos naacp hampton county election candidate residency requirements see city rome specifically long treated change size governing authority change standard practice procedure respect voting city rome noted disputed expansion size board education within purview act subject preclearance lockhart stated change commission commission subject preclearance recently said term standard practice procedure respect voting included change size governing authority increase decrease number elected offices presley etowah county conclusion flowed naturally holding bunton patterson change elected appointed office standard practice procedure respect voting bunton reasoned power citizen vote affected change citizen prohibited electing officer formerly subject approval voters reverse also true change appointed elected office affects citizen voting power increasing number officials may vote see mccain lybrand recognized presley change size governing authority standard practice procedure holder hall respect voting change increase diminish es number officials electorate may vote slip op change bears substance voting power direct relation voting election process ibid date precedent dealt challenges change size governing authority rather challenges existing size governing body agree justice ante textual matter standard practice procedure least broad standard practice procedure respect voting fact close connection interpret similarly see chisom roemer slip op concluding anomalous otherwise context stated section protected right vote without making distinctions imposing limitations elections fall within purview chisom slip op see also houston lawyers assn texas attorney rejecting single member office exception congress repeatedly endorsed broad construction given act general particular significantly congress considered holder hall amendments voting rights act made effort curtail application changes size face longstanding practice submitting changes preclearance heels recognition two years earlier disputed change size governing body covered see city rome similarly attorney general whose construction act entitled considerable deference naacp hampton county election years required preclearance expansion reduction governing body surprising party case argued size governing authority standard practice procedure light consistent expansive interpretation act congress attorney general act definition standard practice procedure read exclude threshold coverage challenges size governing authority five members today holder hall agree size governing authority standard practice procedure respect voting purposes well voting rights act ii although five justices agree size governing body standard practice procedure like number justices conclude varying rationales voting rights plaintiffs nonetheless bring size challenges conclusion inconsistent precedent giving act broadest possible scope combatting racial discrimination chisom quoting allen vote dilution analysis prescribed thornburg gingles prevail vote dilution challenge minority voters must show possess potential elect representatives absence challenged structure practice second emphasis supplied widespread agreement see ante opinion kennedy rehnquist ante opinion minority voters potential absence allegedly dilutive mechanism must measured benchmark alternative structure practice reasonable workable facts specific case holder hall objective measures proposed bleckley county commission presents reasonable workable benchmark measure practice electing sole commissioner first georgia legislature specifically authorized commission bleckley county moreover commission common form governing authority georgia see georgia dept community affairs county government information catalog table form government georgia counties five commissioners including counties smaller bleckley county bleckley county one small dwindling number counties georgia still employing sole commissioner markedly departs practices elsewhere georgia marked depart ure practices elsewhere jurisdiction bears fairness sole commissioner impact finally county moved single superintendent education school board five members elected districts providing workable readily available model commission districts thus proposed baseline reasonable workable case identifying appropriate baseline measure dilution difficult cases may harder need make difficult judgments justify judicially created limitation coverage broadly worded statute holder hall enacted amended congress chisom slip op vote dilution inherently relative concept requiring highly flexible inquiry gingles calling exercise overall judgment based totality circumstances guided relevant factors particular case mandated congress certainly judges engage complex task evaluating reapportionment plans examining district lines able determine whether proposed baseline appropriate one measure claim vote dilution based size county commission sure significant constraints size challenges minority plaintiffs bear burden demonstrating dilution also bear burden demonstrating proposed benchmark reasonable workable one indication benchmark reasonableness grounding history custom practice consideration discourage size challenges traditional executive offices governors mayors even sheriffs clerks tradition practice executive positions occupied one person plaintiffs rarely point objectively reasonable alternative size foundation past present cf federalist rossiter ed hamilton executive authority exceptions vested single magistrate sole commissioner contrast holds plenary legislative well executive power ann legislature far norm anomaly accordingly eleventh circuit permitting challenges practice electing sole commissioner held provision used alter practice electing single person offices lieutenant governor sheriff probate holder hall judge tax collector see dillard crenshaw county dallas county cert denied additionally every successful vote dilution challenge based totality circumstances often including lingering effects past discrimination pp every racial language minority constitutes population claim governing authority expanded members order give opportunity elect representative instead voters prove governing authority reasonable benchmark course respondents claim satisfied three gingles preconditions warranted totality circumstances holder hall limitations successful vote dilution challenges size governing authority always based abstract manipulation numbers searching practical evaluation past present reality quoting white regester limitations protect proliferation vote dilution challenges premised eccentric impracticable alternative methods redistricting iii voting rights act bold ambitious legislation designed eradicate vestiges past holder hall discrimination make members racial language minorities full participants american political life nearly years passage landmark civil rights legislation goals remain unfulfilled today blatant forms discrimination including poll taxes literacy tests white primaries eliminated subtler complex means infringing minority voting strength including submergence dispersion minority voters still present indeed prevalent recognized years seemingly innocuous even well intentioned election practices may impede minority voters ability vote votes count clear practice electing county commission one dilutive practice equally clear commission appropriate benchmark measure alleged dilutive effects bleckley county practice electing sole commissioner respectfully dissent see georgia extensive deliberations bills extend voting rights act allen case repeatedly discussed act extended five years without substantive modification omitted dougherty county bd education white house senate judiciary committees recommending extension act noted approval broad interpretations scope section allen perkins matthews naacp hampton county election extension holder hall act congress specifically endorsed broad construction see hearings subcommittee constitution senate committee judiciary noting attorney general objection proposed reduction size school board objection expansion parish council objection decrease number city council members voting rights act afforded protection hifts ward elections plurality win majority vote slating numbered posts annexations changes size electoral bodies deprive minority voters fair effective procedures electing candidates choice statement drew days iii former assistant attorney general civil rights emphasis added since covered jurisdictions routinely submitted changes size legislative bodies preclearance surprising petitioners concede change size bleckley county commission subject preclearance tr oral arg although gingles dealt use multimember districts analysis prescribes applicable certain vote dilution contexts claim vote fragmentation districts see growe emison case us explains minority group must permitted establish proposed alternative voting arrangement reasonable legal factual context particular case constitute majority brief amicus curiae appeals followed approach concluding appropriate consider size geographical compactness minority group within restructured form challenged system holder hall existing structure challenged dilutive emphasis original see also carrollton branch naacp stallings remand challenge system instructions consider size geographic compactness within proposed commission forms government course suggest executive offices within scope see houston lawyers assn texas attorney generally susceptible size challenges senate report accompanying amendments act directed vote dilution inquiry include examination factors identified white regester refined developed zimmer mckeithen en banc aff per curiam nonexclusive list factors known variously factors senate report factors includes extent history official discrimination touched right members minority group register vote vote otherwise participate democratic process extent state political subdivision used unusually large election districts majority vote requirements provisions voting practices procedures may enhance opportunity discrimination minority group extent members minority group state political subdivision bear effects discrimination areas education employment health hinder ability participate effectively political process holder hall pp case example district found passage federal civil rights laws bleckley county enforced racial segregation aspects local government courthouse jails public housing governmental services deprived black citizens opportunity participate local government hall holder md passage voting rights act black citizens virtually prohibited registering vote bleckley county voting registrars voter registration places normally congregated ibid respondent probate judge appointed poll managers white poll clerks white ibid since election bleckley county sole commissioner subject majority vote requirement although official segregation longer imposed vestiges remain black white residents bleckley county continue endure depressed status hinders ability deters black residents bleckley county running public office voting otherwise participating political process barriers active participation political process compounded fact bleckley county one voting precinct entire area single polling place located civic club holder hall justice ginsburg dissenting join dissenting opinion justice blackmun separate opinion justice stevens add observation responsibility congress given judiciary section voting rights act calls inquiry extent members protected class elected office simultaneously disclaims right members protected class elected numbers equal proportion population inherent tension congress wished wished avoid congress inten allow vote dilution claims brought intent avoid creat ing right proportional representation minority voters thornburgh gingles joined burger powell rehnquist concurring judgment tension kind hardly unique voting rights act congress acts issues constituents divided sometimes bitterly legislative compromise yield statutory language fails reconcile conflicting goals purposes title vii civil rights act example holder hall similarly prohibiting discrimination historically disadvantaged groups see without diminish ing traditional management prerogatives steelworkers america weber regard employment decisions see requirement employer grant preferential treatment individual group race color religion sex national origin see also johnson transportation agency santa clara county concurring judgment noting two conflicting concerns built title vii congress intent root invidious discrimination person basis race gender goal eliminating lasting effects discrimination minorities emphasis original citation omitted courts confronted congressionally crafted compromises kind easy task remain faithful balance congress struck thornburgh gingles joined burger powell rehnquist concurring judgment statute broad remedial purposes well constraints courts remedial powers need carefully considered light particular circumstances case arrive appropriate resolution competing congressional concerns however difficult task may prove one courts must undertake mission effectuate congress multiple purposes best see chisom roemer even serious problems lie ahead applying totality circumstances inquiry voting rights act task difficult may prove justify judicially created limitation coverage broadly worded statute holder hall separate opinion justice stevens justice blackmun justice souter justice ginsburg join justice thomas written separate opinion proposing terms standard practice procedure used voting rights act henceforth construed refer practices affect minority citizens access ballot specifically justice thomas longer interpret act forbid practices dilute minority voting strength extent opinion advances policy arguments favor interpretation statute addressed congress ample power amend statute extent opinion suggests federal judges obligation subscribe proposed narrow reading statutory language appropriate supplement justice thomas writing words history justice thomas notes first generation voting rights act cases focused access ballot ante suggests early pattern enforcement indication original meaning statute regard important holder hall note first case addressing voting practice access ballot arose fifteenth amendment gomillion lightfoot held change boundaries city tuskegee alabama violated fifteenth amendment opinion justice frankfurter wrote opposite conclusion urged upon us respondents sanction achievement state impairment voting rights whatever long cloaked garb realignment political subdivisions statute alleged worked unconstitutional deprivations petitioners rights immune attack simply mechanism employed legislature redefinition municipal boundaries according allegations made alabama legislature merely redrawn tuskegee city limits incidental inconvenience petitioners accurate say deprived petitioners municipal franchise consequent rights end incidentally changed city boundaries form merely act redefining metes bounds allegations established inescapable human effect essay geometry geography despoil colored citizens colored citizens theretofore enjoyed voting rights holder hall years question whether voting rights act narrowly construed cover nothing impediments access ballot unresolved issue justice thomas describes fundamental shift focal point act ante occurred unequivocally rejected narrow reading relying heavily broad definition term voting including action necessary make vote effective allen state bd elections despite allen purported deviation act true meaning congress one year later reenacted without holder hall way changing operative words next five years consistently adhered allen see perkins matthews georgia congress reenacted without change late seventies parties advocated narrow reading act pointed congressional reenactments solid evidence allen even correctly decided clearly correct sheffield bd noted congress clearly fully aware interpretation reaching voter changes affecting registration process plainly contemplated act continue construed see hearings et al subcommittee house committee judiciary hearings et al subcommittee constitutional rights senate committee judiciary congressional history even clearer respect extension holder hall whatever one might think arguments advanced legislative background reenactment conclusive question us congress reenacts statute voices approval administrative interpretation thereof congress treated adopted interpretation bound thereby see williams commissioner albemarle paper moody hart sacks legal process basic problems making application law tent ed cf zenith radio hazeltine research girouard williams commissioner supra instructive longstanding administrative interpretation statute congress reenacted legislative history reenactment showed congress agreed interpretation leading conclude holder hall congress ratified holder hall ii justice thomas narrow interpretation words voting qualification standard practice procedure adopted require us overrule allen cases adhered reading critical statutory language radical character suggested interpretation illustrated following passage opinion decided nine years allen decisions past years given broad scope suggested language act first construed allen state board elections examination act objectives original legislative history led us interpret give broadest possible scope require prior federal scrutiny state enactment altered election law covered state even minor way construing unanimously rejected plain terms act seemingly required argument appellee apply enactments affecting may register vote holder hall decisions required federal preclearance laws changing location polling places see perkins matthews laws adopting systems election ibid fairley patterson decided allen supra laws providing appointment previously elected officials bunton patterson decided allen supra laws regulating candidacy whitley williams decided allen supra laws changing voting procedures allen supra annexations city richmond city petersburg summarily dc perkins matthews supra reapportionment redistricting beer georgia see jewish organizations carey case federal scrutiny proposed change required change potential deny dilute rights conferred sheffield bd omitted holder hall large number decisions overrule reconsider well congressional reenactments discussed suggests justice thomas radical reinterpretation voting rights act barred principle stare decisis special force statutory arena ankenbrandt richards patterson mclean credit union illinois brick illinois justice thomas attempts minimize radical implications interpretation phrase voting qualification standard practice procedure noting case involves interpretation voting rights act section hints might interpreted differently even limiting reinterpretation cases however require overruling sizable number precedents houston lawyers assn attorney general texas chisom roemer thornburg gingles see also voinovich quilter growe emison addition distinction difficult square language statute sections contain exactly words voting qualification standard practice procedure anything wording narrower adds limiting phrase respect voting word procedure moreover holder hall congress amended voting rights act response bolden amended noted amendments congress clearly endorsed application voting rights act vote dilution claims distinction might supportable policy grounds odd distinction devotees plain language interpretation throughout opinion justice thomas argues case exception stare decisis allen progeny immersed federal courts hopeless project weighing questions political theory ante question voting rights act required courts resolve difficult questions reason deviate interpretation congress thrice approved statutes frequently require courts make policy judgments sherman act example requires courts delve deeply theory economic organization similarly title vii civil rights act required courts formulate theory equal opportunity work certainly much easier every case resolved consulting dictionary congress legislated general terms judges may invoke judicial modesty avoid difficult questions iii statute authoritatively repeatedly consistently construed quarter century congress reenacted extended statute several times full awareness construction judges especially clear obligation obey settled law whether justice thomas correct settled construction voting rights act disastrous misadventure ante affect decision case therefore inappropriate comment portions holder hall opinion best described argument statute repealed amended important respects opinion justice thomas seems use phrase access ballot refer voter ability cast vote attempt characterize gomillion gerrymander practice interfered access ballot however seems take position redrawing boundaries governmental unit practice affects access ballot holder hall voters ballots thereafter cast offices see ante reasoning substitution appointive office elective office see bunton patterson decided allen state bd elections change district boundaries prevented voters casting ballots reelection incumbent congressional representatives also covered practices see also jewish organizations williamsburgh carey opinion white allen state board elections held change district voting county supervisors submitted federal approval potential dilution minority voting power nullify ability elect candidate choice renewed voting rights act congress well aware application redistricting holder hall extension congress relied findings commission civil rights newly gained voting strength minorities danger diluted redistricting plans divided minority communities among predominantly white districts congress unmistakably cognizant new phase effort eliminate voting discrimination former attorney general katzenbach testified broadest impact areas redistricting reapportionment senate house reports recommending extension act referred specifically attorney general role screening redistricting plans protect opportunities nonwhites elected public office footnotes omitted idea bolden cast doubt whether voting rights act reached diluting practices flatly refuted another decision handed day bolden decision city rome held required preclearance annexations potentially diluting minority voting strength even dissenters suggest vote dilution claims questionable recently confirmed interpretation amendment stating moreover question terms standard practice procedure broad enough encompass use multimember districts minimize racial minority ability influence outcome election covered chisom roemer though disagreeing holding statute covered judicial elections even dissenters case agreed amended extends vote dilution claims elections representatives page