reno attorney general bossier parish school board argued april decided january bossier parish louisiana jurisdiction covered voting rights act thereby prohibited enacting change voting qualification prerequisite standard practice procedure without first obtaining preclearance either attorney general district following census bossier parish school board submitted proposed redistricting plan attorney general denied preclearance board filed preclearance action district section authorizes preclearance proposed voting change purpose effect denying abridging right vote account race color appellants conceded board plan prohibited effect since retrogressive worsen position minority voters see beer claimed violated enacted discriminatory purpose district granted preclearance appeal disagreed district proposition evidence dilutive nonretrogressive effect forbidden irrelevant whether board enacted plan retrogressive purpose forbidden reno bossier parish school bd bossier parish vacated remanded proceedings board purpose adopting plan id leaving district question whether purpose inquiry ever extends beyond search retrogressive intent ibid remand district granted preclearance concluding inter alia evidence discriminatory nonretrogressive purpose left open question whether prohibits preclearance plan enacted purpose held rejects board contention cases mooted fact plan never used next scheduled election occur board new plan place based upon data census least one respect plan probable continuing effect serve baseline appellee next voting plan evaluated preclearance purposes pp light language beer holding prohibit preclearance redistricting plan enacted discriminatory nonretrogressive purpose pp order obtain preclearance covered jurisdiction must establish proposed change purpose effect denying abridging right vote account race color covered jurisdiction bears burden persuasion points see bossier parish supra beer concluded context claim phrase abridging right vote account race color limited term effect retrogressive effects appellants contention qualifying term purpose phrase impose limitation retrogression means discrimination generally untenable see bankamerica richmond distinguished appellants argue subjecting prongs limitation produces purpose prong trivial reach covering incompetent retrogressors true adequate justify giving words different meanings qualifying purpose effect instances applied construction innumerable statutes barring conduct particular purpose effect yet appellants unable cite single case moreover purpose prong value effect even cover conduct additional incompetent retrogressor government need refute jurisdiction prima facie showing proposed voting change retrogressive purpose need counter jurisdiction evidence regarding actual retrogressive effect although virtually identical language fifteenth amendment read refer retrogression discrimination generally giving language different meaning faithful different context term abridging used appellants reading exacerbate substantial federalism costs preclearance procedure already exacts lopez monterey county perhaps extent raising concerns constitutionality see miller johnson resolution issue renders unnecessary address appellants challenge district factual conclusion evidence discriminatory nonretrogressive intent pp rejects appellants contention notwithstanding bossier parish explicitly le ft open another day question whether extends discriminatory nonretrogressive intent two prior decisions already reached conclusion dictum beer holding pleasant grove distinguished pp supp affirmed scalia delivered opinion part ii unanimous parts iii iv joined rehnquist kennedy thomas jj thomas filed concurring opinion souter filed opinion concurring part dissenting part stevens ginsburg breyer joined stevens filed dissenting opinion ginsburg joined breyer filed dissenting opinion janet reno attorney general appellant bossier parish school board george price et al appellants bossier parish school board appeals district district columbia january justice scalia delivered opinion cases present question whether voting rights act stat amended prohibits preclearance redistricting plan enacted discriminatory nonretrogressive purpose second time present cases us thus recite facts procedural history brief like every political subdivision state louisiana bossier parish history discriminatory voting practices jurisdiction covered voting rights act see fed reg therefore prohibited enacting change voting qualification prerequisite voting standard practice procedure respect voting without first obtaining either administrative preclearance attorney general judicial preclearance district district columbia bossier parish governed police jury elected districts terms early police jury set redraw electoral districts order account demographic changes reflected decennial census adopted redistricting plan like plan effect contained districts although blacks made approximately parish population may police jury submitted new districting plan attorney general two months later attorney general granted preclearance bossier parish school board board constituted fashion police jury undertook redraw districts census course redistricting george price president local chapter national association advancement colored people naacp proposed board adopt plan districts fall amid controversy board rejected price suggestion adopted police jury redistricting plan january board submitted redistricting plan attorney general preclearance although attorney general precleared identical plan submitted police jury interposed formal objection board plan asserting new information specifically naacp plan proposed price demonstrated black residents sufficiently numerous geographically compact constitute majority two districts app juris statement attorney general disclaimed attempt compel board adopt particular plan maintained board free adopt plan unnecessarily limits opportunity minority voters elect candidates choice ibid attorney general denied board request reconsideration board filed present action judicial preclearance plan district district columbia section voting rights act authorizes preclearance proposed voting change purpose effect denying abridging right vote account race color district appellants conceded board plan prohibited effect since worsen position minority voters beer held plan prohibited effect retrogressive instead appellants made two distinct claims first argued preclearance denied board plan creating many districts create violated voting rights act bars discriminatory voting practices second contended although board plan retrogressive effect nonetheless violated enacted discriminatory purpose district granted preclearance bossier parish school bd reno supp dc first appellants two claims district held deny preclearance proposed voting change simply change violated moreover order prevent government indirectly directly district stated permit section evidence prove discriminatory purpose section second appellants claims district concluded board borne burden proving plan adopted two legitimate nondiscriminatory purposes assure prompt preclearance since identical plan precleared police jury enable easy implementation since adopted plan unlike naacp proposed plan required redrawing precinct lines appellants filed jurisdictional statements noted probable jurisdiction reno bossier parish school appeal agreed district proposed voting change denied preclearance simply violates disagreed proposition evidence dilutive nonretrogressive effect forbidden irrelevant whether board enacted plan retrogressive purpose forbidden reno bossier parish school bd bossier parish since language district opinion left us uncertain whether fact applied proposition decision vacated remanded proceedings board purpose adopting plan id light disposition left open additional question whether purpose inquiry ever extends beyond search retrogressive intent ibid existence purpose said relevance issues decided remand ibid remand district comparatively brief opinion relying clarifying extensive earlier opinion granted preclearance supp dc first response invitation address existence discriminatory nonretrogressive purpose district summarily concluded record support conclusion extends beyond presence absence retrogressive intent id noted one imagine set facts establish nevertheless discriminatory purpose imagined facts present ibid district therefore left open question left open remand namely whether purpose inquiry extends beyond search retrogressive intent second district considered greater length dilutive impact board plan bore question whether board enacted plan retrogressive intent concluded applying multifactor test articulated arlington heights metropolitan housing development allegations dilutive effect discriminatory animus insufficient establish retrogressive intent supp jurisdictional statements appellants contended first district conclusion evidence discriminatory nonretrogressive purpose clearly erroneous second voting rights act prohibits preclearance redistricting plan enacted discriminatory nonretrogressive purpose appellants challenge district determination evidence retrogressive intent noted probable jurisdiction ii proceeding merits must dispose challenge jurisdiction board contends cases moot since plan never used purpose motion dismiss affirm louisiana law school board members elected serve terms la rev stat ann west one month appellants filed jurisdictional statements appeal scheduled election board took place next scheduled election occur time appellants concede data upcoming decennial census available board required precedents new apportionment plan place accordingly appellee argues district declaratory judgment respect plan longer moment dispute longer presents live case controversy purposes article iii constitution preiser newkirk mills green appellants posit several contingencies board plan put use including resignation death one board members failure agree upon replacement plan election also assert hold preclearance improper seek injunction voiding elections held plan ordering special election brief appellants price et al opposing motion dismiss affirm might entitled injunction brief appellant reno opposition motion dismiss affirm need pause consider whether possibility somewhat speculative uncertain events suffices keep cases alive since least one respect plan probable continuing effect absent successful subsequent challenge rather predecessor plan contains quite different voting districts serve baseline appellee next voting plan evaluated purposes preclearance whether precisely future plan represents change baseline whether retrogressive effect depend whether preclearance plan proper turn merits iii appellants press two claims initially raised jurisdictional statements first district factual conclusion evidence discriminatory nonretrogressive intent clearly erroneous second voting rights act prohibits preclearance redistricting plan enacted discriminatory nonretrogressive purpose resolution second claim renders unnecessary address first considered light longstanding interpretation effect prong application vote dilution claims language leads conclusion purpose prong covers retrogressive dilution noted earlier order obtain preclearance covered jurisdiction must demonstrate proposed change purpose effect denying abridging right vote account race color covered jurisdiction therefore must make two distinct showings first proposed change purpose denying abridging right vote account race color second proposed change effect denying abridging right vote account race color ered jurisdiction bears burden persuasion points see bossier parish judicial preclearance cfr administrative preclearance beer addressed meaning requirement context allegation vote dilution case presented question whether reapportionment plan discriminatory nonretrogressive effect rights black voters denied preclearance reasoning must read light purpose insur ing changes made lead retrogression position racial minorities respect effective exercise electoral franchise held legislative reapportionment enhances position racial minorities respect effective exercise electoral franchise hardly effect diluting abridging right vote account race within meaning words concluded context challenge phrase denying abridging right vote account race color specifically context claim phrase abridging right vote account race color limited term qualified effect retrogressive effects appellants contend qualifying term purpose phrase impose limitation retrogression phrase abridging right vote account race color means retrogression modifies effect means discrimination generally modifies purpose think simply untenable construction text effect recasting phrase purpose effect read purpose effect past refuse adopt construction attribute different meanings phrase sentence depending object modifying see bankamerica declining give different meanings phrase modified banks common carriers clause appellants point give purpose prong broader meaning effect prong richmond case involved requested preclearance proposed annexation reduced black population city richmond virginia concluded although annexation may effect creating political unit lower percentage blacks long fairly reflect ed strength negro community exist ed annexation violate id reasoned interpretation effect prong justified peculiar circumstances presented annexation cases hold otherwise either forbid annexations require price approval annexation black community assigned proportion council seats hence perhaps permanently overrepresenting underrepresenting elements community including nonblack citizens annexed area unwilling hold congress intended either consequence enacting ibid refused however impose similar limitation purpose prong stating preclearance denied jurisdiction acting purpose effecting percentage reduction black population even though denied jurisdiction action merely effect id must acknowledged richmond created discontinuity effect purpose prongs regard however nothing ex necessitate limitation upon effect prong particular context annexation avoid invalidation annexations areas lower proportion minority voters annexing unit case certainly stand proposition purpose effect prongs fundamentally different meanings latter requiring retrogression former urged approved effect redistricting richmond hypothetically disapproved purpose retrogressive found necessary make exception normal effect principles normal purpose principles order permit routine annexation sheds little light upon issue us appellants textual justification giving purpose effect prongs different meanings otherwise reduce purpose prong section trivial matter brief federal appellant reargument effectively delet purpose prong reply brief appellants price et al reargument give purpose prong trivial reach limited case incompetent retrogressor reply brief federal appellant true adequate justify giving words different meaning qualifying purpose qualifying effect one expect appellants cite least instances applied muscular construction innumerable statutes barring conduct particular purpose effect see prohibiting sale article purpose effect manipulating controlling prices meatpacking industry barring savings loan holding companies engaging activity behalf savings association subsidiary purpose effect evading law regulation applicable savings association supp iii prohibiting cable franchising authorities imposing requirement purpose effect prohibiting limiting restricting conditioning provision telecommunications service cable operator affiliate thereof cite single one aware none true enough whenever congress enacts statute bars conduct purpose effect purpose prong application entirely separate effect prong regard unlikely conduct purpose fails effect present context conduct incompetent retrogressor purpose prong value effect however even cover additional conduct regard conduct purpose effect government need prove conduct issue purpose order prevail specific context covered jurisdiction burden persuasion government need refute covered jurisdiction prima facie showing proposed voting change retrogressive purpose order preclearance denied spared necessity countering jurisdiction evidence regarding actual retrogressive effect cases often complex undertaking advantage plus ability reach malevolent incompetence may represent massive addition effect prong enough justify separate existence purpose prong statute less justifies separate existence provision many laws bottom appellants disagreement reading rests upon textual analysis upon opposition holding beer although explicitly contend beer overruled arguing untenable conclude beer phrase abridging right vote account race color refers retrogression reply brief federal appellant reargument light fact virtually identical language elsewhere voting rights act indeed fifteenth amendment never read refer retrogression see voting rights act voting practice shall imposed applied state political subdivision manner results denial abridgement right citizen vote account race color amdt right citizens vote shall denied abridged state account race color previous condition servitude term abridge however whose core meaning shorten see webster new international dictionary ed american heritage dictionary ed necessarily entails comparison makes sense suggest voting practice abridges right vote without baseline compare practice preclearance proceedings uniquely deal specifically changes voting procedures baseline status quo proposed changed change abridges right vote relative status quo preclearance denied status quo however discriminatory may remains effect fifteenth amendment proceedings contrast involve changes much commonly status quo comparison must made hypothetical alternative status quo results abridgement right vote abridge right vote relative right vote status quo must changed reading abridging referring retrogression discrimination generally fifteenth amendment faithful differing contexts term used another argument applies equally holding beer appellants object reading require district attorney general preclear proposed voting changes discriminatory effect purpose even strikes appellants inconceivable prospect refuse accept limited meaning said preclearance context represent approval voting change nothing determination voting change dilutive replaces therefore stopped advance extraordinary procedures must attacked normal means action repeatedly noted cases prevents nothing backsliding preclearance affirms nothing absence backsliding bossier parish miller johnson beer explains sole consequence failing obtain preclearance continuation status quo deny preclearance plan retrogressive matter unconstitutional may risk leaving effect status quo even worse example case voting change discriminatory nonretrogressive purpose discriminatory ameliorative effect result denying preclearance preserve status quo discriminatory effect proposed change sum suggesting extends discriminatory nonretrogressive purposes appellants ask us declined bossier parish blur distinction shift ing focus nonretrogression vote dilution chang ing benchmark jurisdiction existing plan hypothetical undiluted plan reading also exacerbate substantial federalism costs preclearance procedure already exacts lopez monterey county perhaps extent raising concerns constitutionality see miller supra importantly however light holding beer appellants reading finds support language iv notwithstanding fact bossier parish explicitly le ft open another day question whether extends discriminatory nonretrogressive intent see appellants contend two prior decisions already reached conclusion first appellants note beer stated ameliorative new legislative apportionment violate unless apportionment discriminates basis race color violate constitution appellants contend suggests least cases covered jurisdiction acts discriminatory nonretrogressive dilutive purpose covered jurisdiction denied preclearance acting unconstitutionally think implausible interpretation time beer decided established discriminatory purpose well discriminatory effect necessary constitutional violation compare white regester washington davis statement beer meant appellants suggest either anticipating without argument later holding else gutting beer holding since showing discriminatory nonretrogressive effect constitutional violation despite holding beer sufficed deny preclearance much plausible explanation statement referred constitutional violation vote dilution specifically violation consisting denial right vote rather abridgement although context denial claims less context abridgement claims antibacksliding rationale effect avoiding preservation even worse status quo suggests retrogression criterion arguably context word deny unlike word abridge import comparison status quo event entirely clear statement beer pure dictum government made contention proposed reapportionment issue unconstitutional beer supra though quoted dictum subsequent cases never actually applied deny preclearance see bossier parish supra shaw hunt shaw ii miller supra made clear hand reaffirm today proceedings preclear apportionment schemes proceedings consider constitutionality apportionment schemes entirely distinct although concluded redistricting scheme issue beer nonretrogressive hold plan reason immune constitutional challenge indeed voting rights act case law make clear reapportionment plan satisfies still may enjoined unconstitutional shaw reno shaw emphasis added see also city lockhart describing holding beer follows although new plan may remained discriminatory nevertheless regressive change since new plan increase degree discrimination blacks entitled preclearance allen state bd elections state successfully complied approval requirements private parties may enjoin enforcement new enactment traditional suits attacking constitutionality noted shaw explicitly neither administrative judicial preclearance shall bar subsequent action enjoin enforcement change voting practice quoting fully available remedy leaves us untroubled possibility produce preclearance unconstitutionally dilutive redistricting plan second appellants contend denied preclearance basis discriminatory nonretrogressive purpose pleasant grove case involved unusual fact pattern city pleasant grove alabama time district decision black inhabitants none registered vote whose existence city officials appear unaware id sought annex two parcels land one inhabited whites vacant likely inhabited whites near future upheld district conclusion city acted discriminatory purpose annexing land rejecting city contention done unaware existence black voters intended discriminate city argument based incorrect assumption impermissible purpose relate present circumstances section looks present effects changes future effects well likewise impermissible purpose may relate anticipated well present circumstances quite plausible see annexation motivated part impermissible purpose minimizing future black voting strength impermissible purpose dilution present black voting strength id citation omitted appellants assert must viewed city purpose discriminatory nonretrogressive city noted contending lacked even discriminatory purpose city acting worsen voting strength present black residents since black voters time however quoted passage suggests hold purpose prong extends beyond retrogression rather held jurisdiction minority voters retrogressive purpose present time intending worsen voting strength future minority voters put another way holding pleasant grove nothing question whether justify denial preclearance basis purpose prong purpose must retrogressive instead involved question whether purpose must achieve retrogression include case jurisdiction present minority voters retrogression regard operation proposed plan compared operation status quo new minority voters future like dictum beer therefore pleasant grove simply inapposite light language prior holding beer hold prohibit preclearance redistricting plan enacted discriminatory nonretrogressive purpose accordingly judgment district affirmed ordered janet reno attorney general appellant bossier parish school board george price et al appellants bossier parish school board appeals district district columbia january justice thomas concurring bossier parish school board first sought preclearance redistricting plan issue case almost seven years ago justice department private appellants opposed effort arguing throughout litigation safe district necessary ensure election black school board member ironically litigation pending three blacks elected districts serve bossier parish school board although election results part record vividly illustrate fact federal intervention spawned litigation unnecessary janet reno attorney general appellant bossier parish school board george price et al appellants bossier parish school board appeals district district columbia january justice stevens justice ginsburg joins dissenting administration voting rights statute past quarter century department justice consistently employed construction voting rights act contrary imposed upon act today apart deference constructions always afforded department reading points us directly necessary starting point exercise statutory interpretation plain language statute impossible language alone lead one think phrase effect includes temporal measure noun effect verb tense imaginably give rise reading requires comparison simply nothing word purpose entire phrase purpose lead anyone think congress anything mind intentional effort den abridg right vote account race see webster third new international dictionary ergo municipality intends deny abridge voting rights race may obtain preclearance like justice souter persuaded dissenting opinions justices white marshall faithful intent congress enacted voting rights act majority beer one need however disavow precedent order explain profound disagreement holding today reading makes clear necessary tension beer majority interpretation word effect department consistent interpretation word purpose even retrogression acceptable standard identifying prohibited effects assumption justify interpretation word purpose war controlling precedent plain meaning statutory text accordingly reasons stated greater length justice souter respectfully dissent janet reno attorney general appellant bossier parish school board george price et al appellants bossier parish school board appeals district district columbia january justice breyer dissenting agree justice souter one qualification reconsider correctness decision beer effects case regardless voting rights act prohibits preclearance voting change purpose unconstitutionally depriving minorities right vote justice souter points ante congress enacted part prevent certain jurisdictions limiting number black voters extraordinary stratagem contriving new rules various kinds sole purpose perpetuating voting discrimination face adverse federal decrees south carolina katzenbach stratagem created moving target consequent risk judicial runaround see perkins matthews stratagem prove similarly effective state new rules intended retrogress indeed since time certain places historical discrimination left number black voters close zero retrogression proved virtually impossible needed example drawn history makes point clear forrest county mississippi precisely voting age black population registered vote mississippi supp sd miss dissenting opinion rev number due large part county registrar discriminatory application state voter registration requirements prior registrar simply refused accept voter registration forms black citizens see lynd blacks allowed apply register subjected difficult test whites whites offered assistance less taxing applications registrar upon denying applications black citizens refused supply explanation government attacked practices fifth circuit enjoined registrar ailing process applications registrations submitted negro applicants basis applications submitted white applicants id mississippi immediate response injunction impose good moral character requirement mississippi supra standard characterized open invitation abuse hands voting officials katzenbach supra one federal judge believed change designed avoid fifth circuit injunction defy ing federal appellate determination particular applicants qualified vote mississippi supra defiance result maintaining though light absence blacks forrest county voting rolls increasing white political supremacy precisely kind activity designed purpose demanded application case see perkins supra congress knew department justice id resources police effectively covered act intended ensure institute new laws respect voting might racially discriminatory purpose katzenbach supra prior ven favorable decisions ha finally obtained affected ha merely switched discriminatory devices covered federal decrees nothing act language history suggests contrary see barring one contrivance often caused change result methods pt joint views members senate judiciary committee describing parker supp md jurisdiction responded injunction instituting various means rejection qualified negro applicants hearings subcommittee house committee judiciary testimony attorney general katzenbach discussing jurisdictions able even apparent defeat courts devise whole new methods discrimination hearings senate committee judiciary pt testimony attorney general katzenbach similar seems obvious mississippi enacted moral character requirement enactment voting rights act applying found purpose denying abridging right vote account race even mississippi intended permit say rather black voting age population forrest county register irrespective complexity surrounding administration effects test answer today purpose question yes janet reno attorney general appellant bossier parish school board george price et al appellants bossier parish school board appeals district district columbia january justice souter justice stevens justice ginsburg justice breyer join concurring part dissenting part voting rights act jurisdiction required obtain preclearance changes voting laws must show proposed amendment effect reflect purpose deny abridge vote account race respectfully dissent holding indifferent racially discriminatory purpose long change voting law meant diminish minority voting strength existing level true today decision precursor sorts beer holds anticipated redistricting effect sufficient bar preclearance retrogression minority voting strength however dilutive minority voting power redistricting plan may otherwise today decision achieves symmetry beer achievement merely one error mistaken beer restricted effect prong retrogression even wrong today limits clear text corresponding retrogressive purpose although adhere strong policy respecting precedent statutory interpretation reexamine beer policy demand recognized error compounded indefinitely prior mistake meaning effects requirement expanded even erroneous interpretation scope section purpose prong determination congress intended preclearance plan shown free dilutive intent let alone plan shown intentionally discriminatory however merely erroneous also highly unconvincing evidence cases shows bossier parish school board school board board acted intent dilute black vote acted intent decades resistance judicial desegregation order record illustrates exactly sort relentless bad faith part voters covered jurisdictions led enactment evidence poses question congress ever meant permit preclearance plan invites answer congress hardly intended thing evidence goes substantially unnoticed narrow reading purpose prong crucial resolution cases insistent way points implausibility reading purpose arlington heights metropolitan housing development set checklist considerations assessing evidence going discriminatory intent historical background challenged decision relative impact minorities specific antecedent events departures normal procedures contemporary statements decisionmakers id directed district follow checklist enquiring discriminatory intent following remand cases reno bossier parish school bossier parish arlington heights enquiry reveals following account bossier parish school board redistricting activity character parish occurred parish institution general governance known police jury board representatives chosen districts within parish census showed numerical malapportionment among districts police jurors prepared revised districting plan submitted attorney general request preclearance necessary voting rights act parish covered jurisdiction modify voting district lines based information available department justice attorney general understood parish shown new plan effect purpose abridging voting rights parish black population revised police jury plan received preclearance summer fact parish school board admitted police jury plan thus approved dilutes voting strength minority population plaintiff brief remand plan discriminates abridging rights minority voters participate political process elect candidates choice thornburg gingles population shifts required police jury reapportion required elected school board although board approached police jury possibility devising joint plan districts common board jury jury rebuffed board see app juris statement stipulations board forced go alone history provides good indication might expected endeavor parties stipulated school board applied energies decades effort limit evade obligation desegregate parish schools id stipulation board first received order desegregate parish schools responded flagrantly defiant tactics era see stipulations record discloses board continuing obstructiveness time covered cases degree racial polarization makeup parish schools rose stipulations disproportionate assignment black faculty predominantly black schools increased stipulation parish superintendent testified assignment black faculty predominantly black schools came response black parents requests positive black examples children see app black leaders testified cases uniformly rejected claim insisted accord parish desegregation decree black faculty distributed throughout parish schools serve models white well black students see tr evidence board intransigence race centers particular terms integration decree since required board maintain advisory review committee made equal number black white members order recommend board ways attain maintain unitary system improve education parish app juris statement stipulation although board represented district overseeing desegregation committee place see tr testimony superintendent william lewis committee actually met two three times black members attendance see app juris statement stipulation board set community affairs committee replace committee despite board resolution charging committee responsibility investigating consulting advising school board periodically respect matters pertinent retention sic unitary school system ibid stipulation board disbanded committee three months leading board member put tone committee made minority members committee quickly turned toward becoming involved policy stipulation policy however inevitably implicated committee purpose subjects recommendations methods effective recruitment black teachers placement throughout school system accord terms desegregation decree see stipulation fell squarely within mandate thus unsurprising board achieved unitary school system remains order day see stipulation app testimony davis time board appointed community affairs committee sought preclearance attorney general redistricting plan us course board redistricting efforts tell us much mind proposed plan following rebuff police jury board able follow relaxed redistricting timetable board elections scheduled board simply adopted police jury plan attorney general precleared board app juris statement stipulation despite proposal one board member board september meeting action taken proposal stipulations although board issued explanation inaction noteworthy jury plan ignored board customary districting concerns whereas one concerns incumbency protection see app cf app juris statement stipulation jury plan pitted two pairs incumbents created two districts incumbent resided stipulation jury plan disregarded school attendance zones even included two districts containing schools id stipulations jury plan moreover called total variation district populations exceeding standard normally used gauge satisfaction one person one vote principle see stipulation app tr four districts failed standard measure compactness used board cartographer one districts contained noncontiguous elements app addressing need devise plan board hired redistricting consultant advised police jury gary joiner joiner board members according joiner testimony perfectly aware responsibility avoid vote dilution accordance voting rights act see record doc direct testimony joiner estimated take hours devise plan board board spent nearly year little public redistricting members met private joiner consider alternatives march george price president parish branch national association advancement colored people naacp wrote superintendent parish schools asking chance play role redistricting process app although superintendent passed letter board board took action neither superintendent board even responded price request app juris statement stipulation august price wrote time concert number leaders black community organizations seeking opportunity express views redistricting process well number board policies bearing school desegregation app see also app juris statement stipulation board made response frustrated board lack responsiveness price asked help national naacp redistricting project sent map showing two compact districts might drawn parish stipulation price showed map school district official told unacceptable failed show districts price request redistricting project provided plan showing districts price presented board september meeting explaining showed possibility drawing districts stipulations several board members said consider naacp plan unless presented larger map stipulation board cartographer legal advisor parish district attorney dismissed plan hand required precinct splits stipulation evidence implications naacp proposal objectionable board according one black leader board member henry burns told personally favored black representation board number board members opposed idea app according george price board member barry musgrove told board hostile creation majority black district although naacp plan received public consideration pace public redistricting activity suddenly speeded board september meeting without asking joiner address possibility creating district board abruptly passed statement intent adopt police jury plan app juris statement stipulation public hearing plan one week later attended overflow crowd number black voters spoke plan price presented board petition bearing signatures urging consideration minority concerns one spoke favor plan bossier parish school bd reno supp dc bossier parish price explained board preclearance jury plan use police jury guarantee preclearance plan board app juris statement stipulation nonetheless october meeting voting members board unanimously adopted police jury plan one member absent board black member appointed two weeks earlier fill vacancy abstaining stipulation board submit plan preclearance attorney general january stipulation ii significance record enhanced examining detail several matters already mentioned free dispute testing board stated reasons refusing consider naacp plan looking critically district reasons resolving disputed issues school board favor parties stipulate decades redistricting board sought limit evade obligation end segregation schools obligation specifically imposed order nearly years ago yet fulfilled board also conceded discriminatory impact police jury plan falling heavily blacks whites plaintiff brief remand civ action diluting black voting strength id even without stipulated history conceded dilution evidence correspondingly discriminatory intent history implication intent speaks louder grows forceful still closer look two aspects dilutive impact police jury plan first plan includes districts even though residential voting patterns bossier parish meet three conditions identified thornburg gingles opening door drawing districts put minority voters equal footing others first gingles condition minority group must able demonstrate sufficiently large geographically compact constitute majority district id board dispute black voters bossier parish satisfy criterion board joined stipulation parties obvious reasonably compact district drawn within bossier city app juris statement stipulation see also tr statement board member barry musgrove naacp plan demonstrated two districts drawn parish see app juris statement stipulation second third gingles conditions minority population politically cohesive block voting enough defeat minority preferred candidate see gingles supra government introduced expert testimony showing polarization bossier parish voting patterns see app juris statement stipulations app declaration richard engstrom acknowledging somewhat limited data available analysis expert concluded african american voters likely realistic opportunity elect candidates choice board districts constitute majority voting age population second police jury plan diluted black votes dividing neighboring black communities common interests around least two parish municipalities thereby avoiding creation district see declaration george castille iii testimony davis even board cartographer conceded one instances appear ed constitute fracturing app juris statement stipulation defined divid ing population traditional cohesiveness lives general area lot commonalties intent fracture population adjoining white districts stipulation board cartographer lawyer objected naacp plan unacceptable split precincts violation state law yet board concedes school boards free seek precinct changes police juries parishes often successfully see app juris statement stipulations one government experts see app board cartographic consultant see app juris statement stipulation acknowledged practice indeed parties agree joiner advised board option going police jury precinct changes see stipulation see also stipulation board never asked pursue possibility see stipulation judge kessler district therefore surely correct board claimed inability divide precincts genuine obstacle plan district see bossier parish opinion concurring part dissenting part becomes clearer prospect splitting precincts genuine reason reject naacp plan otherwise refuse consider creating districts one realizes early board redistricting process gave serious thought adopting plan required precinct splits board hired joiner cartographer may estimate hours prepare plan board see app juris statement stipulation indicated intent simply borrow recently devised police jury plan build precincts established police jury possibility joiner thought explored everal hours least app seems obvious start board expected plan require precinct splitting joiner acknowledged testimony plan strong police jury plan terms traditional districting criteria require precinct splits ibid splitting precincts became insuperable obstacle naacp made proposal create districts despite stated view record support conclusion nonretrogressive discriminatory intent district majority listed series allegedly dilutive impacts said point discriminatory intent hat new districts schools plan ignores attendance boundaries respect communities interest one outlandishly large district several compact lack contiguity population deviations resulting jury plan greater limits imposed louisiana law supp dc bossier parish ii district found evidence theoretical attenuated probative retrogressive intent absence corroborating evidence deliberate attempt ibid whatever force evidence may issue intent cause retrogression nothing theoretical attenuated significance showing intent dilute generally take district opinions bossier parish bossier parish ii together treat discussions covering nonretrogressive discriminatory intent clear rested two reasons finding plan dilutive effect support inference nonretrogressive discriminatory intent first thought inference inconsistent view expressed miller johnson refusal adopt plan maximize number districts insufficient alone support inference intentional discrimination miller point however miller georgia already adopted plan clearly improved position minority voters establishing two districts question simply whether state refusal create third betrayed discriminatory intent id cases issue inferred intent arise upon rejection plan maximizing number districts concededly ameliorative plan already adopted issue arose board refusal consider plan majority black districts one district possible gingles issue whether bossier parish betrayed discriminatory purpose refusing create maximum number districts see bossier parish ii supra silberman concurring simply whether significant parish refused consider creating district refusal points discriminatory intent refusal maximize miller johnson show district second ground discounting evidence intent inherent police jury plan dilutive effect finding board legitimate nondiscriminatory reasons approving plan evidence however powerful showing board reasons already noted board respect existing precinct lines apparently pretextual supposedly legitimate reason board choice police jury safe harbor equally unlikely police jury plan safe harbor safe day attorney general precleared police jury whereas board ignored year preclearance interest police jury plan developed pressure price naacp intensified point redistricting process concluded promptly minority proposals considered police jury therefore became attractive harbor seemed offer safety demands fair reflection minority voting strength chosen board described district majority possessing tenacious determination maintain status quo bossier parish ii supra fair inference board suddenly embraced police jury plan running true form sum decades school board manifested sedulous resistance constitutional obligation desegregate parish schools never attained unitary status still subject order faced need act alone redrawing voting districts board showed interest police jury plan made sense school purposes odds normal districting principles applied board board hired cartographer anticipation drawing district lines significantly different policy jury lines attorney general preclearance police jury plan jury use produced apparent board interest adopting plan minority leaders sought role proposing plan board ignored produced concrete proposals prepared naacp board sidestepped successive technical reasons culminating patently pretextual objection pretexts resisting naacp wearing thin board evidently scrapped intention obtain original plan tailored school district concerns acted unwonted haste proposal adopt manifestly unsuitable police jury plan proposal received public hearing support nothing objection minority voters pointed board agrees police jury plan dilutes minority voting strength objections unavailing board adopted dilutive plan reasonable doubt record board chose police jury plan reason squelch requests adopt naacp plan plan reflecting minority voting strength incredible suggest resulting submergence minority voters unintended board whose expert testified understood illegality dilution conclude see part iii infra dilutive nonretrogressive intent behind redistricting plan disqualifies preclearance preclearance impossible record since burden negate intent like burden negate retrogressive intent effect rests voting district asking preclearance nothing required show impossibility preclearance see pleasant grove worth noting however parish likewise lose even assume district majority seems done one point burden show disqualifying intent government intervenors bossier parish ii supp imagine set facts establish nevertheless discriminatory purpose imagined facts present judge kessler correct conclusion dilutive nonretrogressive intent shown contrary view district majority raises definite fair conviction mistake committed concrete pipe products construction laborers pension trust southern cal quoting gypsum regardless burden persuasion therefore parish lose intent prong purpose disqualifies includes intent dilute minority voting strength regardless retrogression iii legal issue meaning abridging provision preclearance districting change covered jurisdiction requires showing new plan purpose denying abridging right vote account race color language tracks fifteenth amendment guarantee right citizens vote shall denied abridged account race color since act exercise congressional power amendment south carolina katzenbach choice follow amendment terminology naturally read carrying meaning constitutional terms statute kozminski employing constitutional language congress apparently focusing prohibition comparable conditions cf morissette congress borrows terms art accumulated legal tradition meaning centuries practice presumably knows adopts cluster ideas attached borrowed word body learning taken meaning use convey judicial mind unless otherwise instructed construction statute therefore carries implication meaning amendment absent good reason treat parallel texts differently particular point reading statute fit constitution presumptively wrong context clear abridgment necessarily means something subtle less drastic complete denial right cast ballot denial separately forbidden abridgment therefore must condition complete denial one hand complete enjoyment voting power principal concept diminished voting strength recognized actionable cases vote dilution defined regime denies minority voters opportunity participate political process elect representatives choice majority voters enjoy see thornburg gingles benchmark dilution pure simple thus system every minority voter good chance political participation voting effectiveness voter cases also recognized retrogression subspecies dilution consequence scheme gives minority voter lesser practical chance participate elect majority voter enjoys even reduces minority voter practical power preceding scheme electoral law provided see beer although cases dealt vote dilution fourteenth amendment see shaw reno know reason text history dilution equally violative fifteenth amendment guarantee abridgement serious dispute past fourteenth amendment coverage voting rights see oregon mitchell harlan concurring part dissenting part know reason doubt abridg fifteenth amendment includes dilutive discrimination see bossier parish breyer concurring part concurring judgment never held save beer concept voting abridgment covers retrogressive dilution reading fifteenth amendment outlandish amendment contains textual limitation abridgement adopted newly emancipated citizens obtained practically nothing mere guarantee electoral power reduced since act likewise free language qualifying limiting terms abridgment shares amendment abridgement presumably covers vote dilution retrogression alone redistricting scheme receive preclearance without showing nondilutive see bossier parish supra breyer concurring part concurring judgment use fifteenth amendment language indicates prohibits new plans dilutive purposes fact apparently congress mind addressed agility covered jurisdictions keeping one step ahead dilution challenges constitution previous versions voting rights act adopting successive voting schemes diistinctive feature perpetuated abridgement minority vote congress found litigation inadequate combat widespread persistent discrimination voting inordinate amount time energy required overcome obstructionist tactics invariably encountered lawsuits enduring nearly century systematic resistance fifteenth amendment congress might well decide shift advantage time inertia perpetrators evil victims south carolina katzenbach omitted evil congress sights discrimination abridgment right vote merely discrimination happens cause retrogression congress intent frustrate unconstitutional evil barring replacement scheme discrimination put effect confined one subset discriminatory schemes bossier parish school board purpose thus seems lie center congress meant counter requiring preclearance holding nonretrogressive purpose survives exceedingly odd conclusion majority purports shoulder burden justify limited reading abridging offering argument context since covers changes voting practices fact said reason think abridging used statute narrower cognate fifteenth amendment covers changes continuing systems ante words majority reading baseline challenge status quo changed baseline fifteenth amendment challenge one voting rights act nondiscriminatory regime whether extant fact applies voting change proposed however follow baseline abridgment status quo congress perfectly well decided jurisdiction forced change voting scheme malapportionment shown new census say show replacement constitutional course unqualified language fifteenth amendment parallel suggest fact majority principal reason reading intent abridge covering intent cause retrogression peculiar context changes law beer limited sort effect abridgment retrogressive effect strength majority position depends need parallel limitations purpose effect prongs need however much contrary insofar beer authority defining effect redistricting plan bar preclearance course respect precedent policy stare decisis powerful statutory interpretation congress always free supersede new legislation see hilton south carolina public railways presents exception rule statutory language construed stay construed another thing entirely ignore error extending discredited reasoning previously unspoiled statutory provisions however extending beer effects purpose beer wrongly decided error compounded derogation clear text equally clear congressional purpose provision barring preclearance districting plan portending abridging effect unconditional uncompromising bar plans resting purpose abridge beer nonetheless sought justify imposition nontextual limitation forbidden abridging effect retrogression relying single fragment legislative history statement house report prevent covered jurisdictions undo ing defeat ing rights recently blacks beer quoting relying one statement however act distorting selectivity legislative history replete references need block changes voting practices perpetuate existing discrimination stand way truly nondiscriminatory alternatives house representatives judiciary committee noted even apparent defeat resisters seek new ways means discriminating barring one contrivance often caused change result methods house report described jurisdictions used changes voting practices stave reform making trifling changes registration requirements example dallas county alabama able terminate litigation without registering handful minority voters see new practices similarly effective devices perpetuating discrimination jurisdictions well see pt pp joint statement individual views sens dodd hart long kennedy bayh burdick tydings dirksen hruska fong scott javits losing voting rights cases jurisdictions adopt new voting requirements means continuing rejection qualified negro applicants quoting parker supp md thanks discriminatory traditions jurisdictions covered new practices often avoided retrogression even stymied improvements days ongoing litigation become moot minority litigants back square one shouldering burden new challenges prospect dodges come beer supra marshall dissenting intent congress address frustration running stay place manifest extended voting rights act prior enactment act new voting rules various kinds resorted several order perpetuate discrimination face adverse federal decrees enactments congress order preclude future state local circumvention remedies policies act enacted record committee indicates negro voter registration increased voting rights act several jurisdictions undertaken new unlawful ways diminish negroes franchise defeat negro candidates commission civil rights reported measures taken form switching elections negro voting strength concentrated particular election districts facilitating consolidation predominently sic negro predominently sic white counties changes rules practices affecting voting included increasing filing fees elections negro candidates running abolishing making appointive offices sought negro candidates extending term office incumbent white officials withholding information qualifying office negro candidates pp see also cong rec remarks mcculloch listing new methods south achieves old goal maintaining white control political process congress expressed views recent years importance become widely recognized means promoting preserving minority political gains covered jurisdictions registration voting minority citizens increases measures may resorted dilute increasing minority voting strength measures may include switching elections annexations predominantly white areas adoption discriminatory ing plans pp citation omitted congress thus referred way make situation better promoting merely stopgap keep getting worse preserving difficult understand majority beer oblivious clear congressional objective decade beer realized modifying legal requirements way discriminatory jurisdictions stayed one jump ahead constitution mississippi described series ingenious devices preventing minority registration south carolina katzenbach said 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 order evade remedies voting discrimination contained act omitted see also id likewise well beer nascent dilution jurisprudence addressed practices mentioned congressional lists tactics targeted see white regester fine full legislative history shows beyond doubt unqualified text provides statute contains reservation favor customary abridgment grown familiar years relentless discrimination preclearance requirement enacted authorize covered jurisdictions pour old poison new bottles see post breyer dissenting part beer wrong entitled stand traditional stare decisis statutory interpretation stare decisis excuse today decision compound beer error giving broader intended reading preserving erroneously truncated interpretation effect even result facially irrational scheme intent dilute conceptually simple whereas dilutive readily defined identified independently dilutive intent purpose dilute simply means subordinate minority voting power exact calibration unnecessary identify intended purpose give less weight minority participation electoral process majority participation purpose discriminate thus abridge right vote baseline needed enquiry goes direction majority aim without reference details existing system dilutive effect reason majority points different dilutive effect requires baseline compare proposed change baseline theory electoral effectiveness majority voters dilution merely lack proportional representation see davis bandemer opinion white held maximum number possible districts standard see miller johnson thus held enquiry dilutive effect must rest idea reasonable allocation power minority majority voters requires compare challenged voting practice reasonable alternative practice see holder hall opinion kennedy concurring part concurring judgment see also johnson de grandy looking retrogression effect looking dilutive abridgment purpose avoids difficulty baseline derivation distinction intended congress distinction irrational indeed justice department always taken position beer limited effect prong puts limitation discriminatory purpose see brief federal appellant justice department longstanding practice refusing preclear changes determined unconstitutionally discriminatory purpose beer entitled particular deference light department central role administering dougherty county bd ed white see also sheffield bd perkins matthews significant fact justice department decades understood beer limited effect demonstrates position entirely consistent coherent law declared beer even though may congress intended giving wider scope purpose effect preserve capacity bar preclearance intended violations fifteenth amendment also enjoy virtue consistency prior decisions apart beer richmond held city territorial annexation reducing percentage black voters recognized legal wrong effect prong remanded consideration discriminatory purpose majority distinguishes richmond nothing ex necessitate limitation upon effect prong particular context annexation ante fact richmond laid eccentric effect rule squarely odds majority position act taken intent produce forbidden effect forbidden intent prong forbidden effect richmond said long ward system fairly reflects strength negro community exists annexation hold without specific legislative direction annexation nevertheless barred true black community racial bloc voting command fewer seats city council annexation effected decline negroes relative influence city different city council enlarged city involved annexation furthermore negro power new city undervalued negroes underrepresented council long true hold effect annexation deny abridge right vote richmond supra richmond references undervaluation underrepresentation make clear case involves application standard fifteenth amendment principles annexation context annexation exception long postannexation city allowed black voters participate equal terms white voters annexation abridge voting rights even thereafter made smaller proportion voting population also held however adopting plan whose effect held outside scope legal wrong city acted unlawful discriminatory intent rendered annexation unlawful barred approval may asked forbidden purpose intent achieving perfectly legal result section need remand proceedings respect purpose alone answer plain need labor official action whether annexation otherwise taken purpose discriminating negroes account race legitimacy constitution statute section forbids voting changes taken purpose denying vote grounds race color id follows richmond plan lacking underlying purpose cause disqualifying retrogression may barred discriminatory intent majority attempt distinguish pleasant grove equally vain whereas richmond dealt argument law logic barred finding disqualifying intent effect lawful pleasant grove dealt argument finding disqualifying intent impossible fact pleasant grove denied preclearance annexation added white voters city electorate despite fact time annexation minority voting strength nonexistent officials city seeking annexation unaware black voters whose votes diluted one thing clear beyond peradventure annexation case intended cause retrogression one intended cause retrogression one knew minority voting strength retrogression possible fact annexation nonetheless barred purpose prong years beer means today majority hold without overruling pleasant grove majority seeks avoid pleasant grove describing barring future retrogression nipping future contingency even bud formed gymnastic however overlooks contradiction pleasant grove holding voting change without possible retrogressive intent fail purpose prong majority reasoning today baseline purpose prong status quo even ignores actually said pleasant grove said impermissible purpose relate anticipated circumstances said nothing anticipated retrogression concept familiar since time beer found plausible city simply acted impermissible purpose minimizing future black voting strength omitted spoke minimizing causing retrogression one means thwarting integration provide growth monolithic white voting block thereby effectively diluting black vote advance impermissible purpose dilution present black voting strength cf city richmond id nonretrogressive dilutive purpose impermissible retrogressive one today holding contradicts majority overruling pleasant grove majority proffers justification denying precedential value pleasant grove instead observes reading purpose prong covering retrogression richmond pleasant grove read exacerbate substantial federalism costs preclearance procedure already exacts ante reading like prior reading raise cost federalism one penny congress meant behavior bossier parish plain effort deny voting equality constitution plainly guarantees point thwart ingenuity school board effort stay ahead challenges object bring country closer transcending history intransigence enforcement fifteenth amendment however promise substantially diminished executive judicial officers forced preclear illegal unconstitutional voting schemes patently intended perpetuate discrimination appeal federalism excuse respectfully dissent footnotes together price et al bossier parish school also appeal footnotes justice souter criticizes us assum ing purpose easier prove effect voting rights cases post opinion dissenting part obvious discussion text suggest purpose always easier prove simply may sometimes suffices give force purpose prong without necessity violence english language indeed justice souter acknowledges intent dilute conceptually simple whereas dilutive readily defined identified independently dilutive intent post appellants also cite voting rights act provides regard found violation right vote guaranteed fourteenth fifteenth amendment shall retain jurisdiction period may deem appropriate period voting practice different force effect time proceeding commenced shall enforced unless nds practice purpose effect denying abridging right vote account race color provision assist appellants case clear confers power deny approval nonretrogressive redistricting say may well contemplate struck unconstitutional practice granted relief regard practice may assume jurisdiction function identical district district columbia preclearance proceedings suggested fact state may avoid jurisdiction regard obtaining preclearance attorney general like explicitly leaves open possibility proposed change approved challenged unconstitutional subsequent action ibid course intimate holding point limit conclusion nonprobative character regard issue present cases even different baseline fifteenth amendment appellants argument read parallel fifteenth amendment fail simple reason never held vote dilution violates fifteenth amendment see voinovich quilter citing beer indeed contrary justice souter assertion post opinion dissenting part never even suggested much gomillion lightfoot involved proposal redraw boundaries tuskegee alabama exclude black voters without excluding single white voter see id conclusion proposal deny black voters right vote municipal elections therefore violated fifteenth amendment nothing racial concept appear opinions nine years later see allen state bd elections case relied upon justice souter plurality opinion mobile bolden suggest fifteenth amendment covers vote dilution suggests opposite rejecting appellees claim following terms answer appellees argument freedom vote denied abridged anyone fifteenth amendment entail right negro candidates elected found negroes mobile register vote without hindrance district appeals error believing appellants invaded protection amendment present case id see also id stevens concurring judgment characterizing plurality opinion concluding fifteenth amendment applies practices directly affect access ballot search support argument prevents backsliding vote dilution forms vote dilution justice souter embarks upon lengthy expedition legislative history post opinion dissenting part returns since point nothing suggesting congress thought covered retrogressive nonretrogressive dilution indeed doubtful whether congress passed voting rights act even practice racial mind justice souter acknowledges address concept see post legislative history extension act quoted justice souter see post refers elections consolidation counties new unlawful ways diminish negroes franchise developed since passage act pp justice souter asserts justice department longstanding practice refusing preclear changes determined unconstitutionally discriminatory purpose beer entitled deference post opinion concurring part dissenting part accord post stevens dissenting course beer justice department took position even effects prong limited redistricting cases retrogression indeed position basis denial preclearance beer see argued brief us basis sustaining district denial see brief beer pp rejected position effects prong even reason reject present case whose outcome depends much upon implication one prior cases owe department deference upon raw interpretation statute justice breyer suggests seems obvious mississippi enacted moral character requirement enactment voting rights act applying found purpose denying abridging right vote account race even mississippi intended permit say rather black voting age population forrest county register post dissenting opinion note however holding today extend violations consisting outright denial individual right vote opposed abridgement dilution cases event mississippi attempted enact moral character requirement precluded bars certain types voting tests devices altogether issue preclearance therefore never arisen see footnotes agree conclusion matter mootness two incumbents considering stepping time board subsequently adopted plan least one decisions anything firm see app record doc civ action pp joint designations portions deposition david harvey tr one board member marguerite hudson asked explain two schools plain dealing one parish towns predominantly black stated hose people love live plain dealing want get big job rather stay country stay welfare stay plain dealing app musgrove denied making statement see tr district majority suggested significance latter statement uncertain see bossier parish school bd reno supp dc bossier parish tantamount opposition obvious cure admitted dilution event nothing ambiguous burns statement cartographer hired board stated redistricting process parish black population dispersed draw district later acknowledged fact two districts drawn see app juris statement stipulations original naacp plans also cooper plans two alternative plans developed expert demonstrated much see app cooper plans app juris statement stipulation parties agreed black candidates offices able win districts parish see id stipulation instances involved districts presence air force base see stipulation meant effective percentage black voters considerably higher raw figures suggested view successful black candidates degree hostility black candidates among white voters lower rest parish see app statement jeff darby statement jerome darby statement johnny gipson counsel board suggested one government experts one instances dividing black communities arose prohibition board split ting existing corporate lines tr offered authority proposition case example expert gave involve dividing municipality including single district areas within municipality outside district majority stated merely fact naacp plan required precinct splits required large number splits made unappealing claim untenable several reasons first assumes act explained rejection naacp plan rather adoption police jury plan naacp plan required precinct splits see app juris statement stipulation cooper ii plan also included two districts meeting traditional districting criteria required ibid establishment single district required see app second importantly board cartographer lawyer stated told board naacp plan unacceptable split precincts split lots see app juris statement stipulation leading supporter police jury plan board see tr board interim black member time redistricting see app agree score conclusion indicates disagreement justice thomas concurring opinion factual predicate raising resolving issue scope discriminatory intent relevant subject board obligation produce evidence district obligation make findings nothing conduct justice department impeded either board addressing evidentiary issue fact black members elected board outside record us evidence showing extent particular members choices minority voters suffered conceded dilution majority argues construe purpose effect uniformly laws regulating price discrimination savings loans cable franchises see ante find fifteenth amendment relevant interpreting constitutional language provides reason give purpose full breadth majority also claims reading leaves purpose prong meaning government need refute jurisdiction claim change lacks retrogressive purpose order deny preclearance without countering jurisdiction evidence regarding actual retrogressive effect ante assumes purpose easier prove effect may true cases true voting rights cases even though purpose conceptually simpler effect see infra many race discrimination cases parties agreed effects proposed changes hotly disputing reasons majority limits purpose prong cases attempted retrogression fails goal rather paltry coverage given discriminatory purpose discriminatory effect heart fifteenth amendment suggested never explicitly decided fifteenth amendment applies dilution claims see mobile bolden plurality opinion gomillion lightfoot singling racial minority discriminatory treatment voting violates fifteenth amendment prohibits municipal boundaries drawn exclude blacks see mobile supra stevens concurring judgment suggesting mobile plurality said fifteenth amendment reach vote dilution voinovich quilter reserving question shaw reno endorsing practice considering dilution claims fourteenth amendment beer majority claims gomillion dilution involved exclusion black voters municipal elections ante voters excluded gerrymandered tuskegee left unincorporated areas vote county state officials changing political boundaries affect minority voting power called dilution today gomillion shows physical image evoked term dilution encompass ways participation political process made unequal use word dilution modern sense gomillion diminish force fifteenth amendment analysis majority also suggests ante mobile plurality explicitly rejected reliance fifteenth amendment plurality recognized deny abridge voting rights act mirrored cognate language fifteenth amendment mobile supra since held language includes nonretrogressive dilution claims see voinovich quilter supra section promulgated congress congress attention repeatedly returned duration voting rights act extended act amended see reno bossier parish school bossier parish stevens dissenting part concurring part discussing amendments voting rights act amendments stat voting rights act amendments stat legislative history use terms retrogression dilution describe discriminatory regimes voting rights act context former appears first time federal case beer latter made first appearance allen state bd elections says lengthy expedition legislative history leaves empty handed reason nothing shows today notions vote dilution particularly congressional mind ante whole point legislative history congress meant guard discriminatory devices yet untried congress know covered jurisdictions think next justice breyer developed justification giving full effect purpose prong opinion bossier parish opinion concurring part concurring judgment section amended invalidates facially neutral practices discriminatory effects even absence purposeful discrimination thus longer coextensive understanding tion standard added made clear years uncertainty constitution prohibited purposeful discrimination neutral action disparate impact minorities divided effect change compare id stevens dissenting part concurring part justice breyer explained effects prong goes beyond constitution bearing whether limit meaning purpose prong repeat constitution requires retrogressive nonretrogressive discriminatory purposes violate constitution said already agree justice breyer evidence congress intended include part constitution prohibits see tides constitutional interpretation buffeted never ebbed low approve discriminatory dilutive purpose