branch et al smith et argued december decided march census caused mississippi lose one congressional seat state legislature failed pass new redistricting plan anticipating deadline qualifying candidates appellants state plaintiffs filed suit october asking state chancery issue redistricting plan elections similar action appellees federal plaintiffs asked federal district enjoin current plan plan order elections pursuant miss code ann alternatively devise redistricting plan district permitted state plaintiffs intervene concluded assert jurisdiction became clear january state plan place march eve state trial state ruled chancery jurisdiction issue redistricting plan chancery adopted plan december state attorney general submitted plan decision department justice doj preclearance pursuant voting rights act doj requested additional information state noting review period commence information received information provided february meanwhile federal district promulgated plan fix state congressional districts elections plan precleared february date passed district enjoined state using plan ordered plan used state produced precleared constitutional plan based injunction failure timely preclearance plan found alternative plan unconstitutional state appeal doj declined make determination preclearance submission district injunction rendered plan incapable administration held judgment affirmed supp affirmed justice scalia delivered opinion respect parts ii holding district properly enjoined enforcement plan pp two critical distinctions cases growe emison first suggestion district failed allow state adequate opportunity develop redistricting plan second plan subject voting rights act controversy whether plan precleared centers proviso whenever covered jurisdiction shall enact seek administer voting change change may enforced attorney general object within days pp doj failure object within days state attorney general original submission render plan enforceable february jurisdiction seeking preclearance must provide attorney general information sufficient prove change nondiscriminatory doj regulations wholly reasonable consistent act georgia provide incomplete state submissions start clock clock begins run date requested information received doj request neither frivolous unwarranted postponed period pp plan also precleared days state attorney general submitted requested information state seek ing administer changes within meaning attorney general made initial submission doj provided additional information however state failed appeal district injunction ceased seek ing administer plan period longer running plan rendered enforceable operation law private party actions state state plaintiffs appeal insufficient demonstrate state still seek administer plan pp since affirms injunction ground plan precleared precleared time election vacates district alternative holding plan unconstitutional district properly fashioned congressional reapportionment plan tension apparent pending redistricting requires elections state loses congressional seat enacted years later requires one representative use districts contrary federal plaintiffs contention limited legislative action also applies action state federal courts prescribed legislative action forthcoming adopted issue precisely courts involvement fashioning electoral plans voting rights act recently enacted decisions baker carr ushered new era federal courts overseeing efforts badly malapportioned conform congressional districts standards given risk judges simply order elections unlikely directed solely legislative apportionment found limited addition language susceptible interpretation pp justice scalia joined chief justice justice kennedy justice ginsburg concluded part prescribes constitutional paragraph applies state legislature state federal courts failed redistrict pursuant interpretation allows given effect section governs manner election held ntil state redistricted manner provided state law apportionment redistricts pursuant necessarily manner must follow state policies preferences districting white weiser may invoke stopgap provision election imminent redistricting pursuant state law including mandate completed without disrupting election process mississippi provision deemed operative state provision envisions legislatively judicially prescribed change come play long feasible state federal complete redistricting pp justice stevens joined justice souter justice breyer agreeing district properly enjoined plan enforcement promulgated plan concluded impliedly repealed federal act mississippi statutory authorization congressional elections presumption implied repeals like overcome irreconcilable conflict two provisions later act clearly intended cove whole subject earlier one posadas national city bank prohibiting one representative electing representatives act unambiguously forbids elections otherwise authorize thus either posadas standards act repealed earlier mississippi law fair reading history leading act passage shows parties believed changes debating completely replace statute final gasp protracted legislative process four versions original bill expressly repealed disagreement provision bill pass less controversial parts including attached private bill absence discussion debate reference repeal provision legislative process prevents omission final private bill seen deliberate choice congress pp scalia announced judgment delivered opinion unanimous respect parts ii opinion respect part rehnquist stevens kennedy souter ginsburg breyer joined opinion respect parts iv rehnquist kennedy ginsburg joined kennedy filed concurring opinion part ii stevens souter breyer joined stevens filed opinion concurring part concurring judgment souter breyer joined filed opinion concurring part dissenting part thomas joined beatrice branch et appellants john robert smith et al john robert smith et appellants beatrice branch et al appeals district southern district mississippi march justice scalia announced judgment delivered opinion respect parts ii opinion respect parts iv chief justice justice kennedy justice ginsburg join cases decide whether district properly enjoined mississippi state proposed congressional redistricting plan whether properly fashioned congressional reapportionment plan rather order elections census caused mississippi lose one congressional seat reducing representation house representatives five members four state legislature however failed pass new redistricting plan decennial census results published anticipation march deadline qualification candidates see miss code ann lexis appellant beatrice branch others state plaintiffs filed suit mississippi state chancery october asking state issue redistricting plan congressional elections november appellee john smith others federal plaintiffs filed similar action rev stat district southern district mississippi claiming current districting plan miss code ann lexis dividing state five rather four congressional districts unconstitutional unenforceable federal plaintiffs asked district enjoin current redistricting plan subsequently asked enjoin plan developed state asserted violate article constitution event enforced state assertion redistricting authority precleared voting rights act stat asked order elections pursuant miss code ann stat tively devise redistricting plan district convened pursuant initially district interfere state chancery efforts develop redistricting plan order filed december smith clark supp sd miss district permitted state plaintiffs intervene deferred ruling federal plaintiffs motion preliminary injunction staying hand district recognized constitution leaves primary responsibility apportionment federal congressional districts quoting growe emison concluded clear january state authorities redistricting plan place march assert jurisdiction necessary draft implement plan reapportioning state congressional districts supp see also supp sd miss eve state chancery trial mississippi denied petitions writs prohibition mandamus filed state defendant others challenging chancery jurisdiction engage congressional redistricting held chancery jurisdiction issue redistricting plan mauldin civ app juris statement following trial december state chancery adopted redistricting plan submitted state plaintiffs december state attorney general submitted plan along mississippi mauldin decision arguably changed process drawing congressional districts authorizing chancery create redistricting plan department justice doj preclearance february doj sent letter state attorney general requesting additional information mauldin decision information sent date regarding change voting procedure insufficient app juris statement letter advised review period begin receive information specified state attorney general provided additional information february meanwhile january district expressing serious doubts whether mississippi order plan adopted chancery pursuant order precleared prior march candidate qualification deadline supp begun develop redistricting plan february promulgated redistricting plan used absent timely preclearance chancery plan supp sd february ordered chancery redistricting plan precleared close business monday february district plan fix mississippi congressional districts elections supp february came went action doj february district enjoined state using chancery plan ordered use district plan elections succeeding elections state produced constitutional redistricting plan precleared supp said basis injunction order reflected opinion february failure timely preclearance voting rights act hinds county chancery plan however event appeal determined erred february ruling put forth alternative holding article constitution prohibited state chancery issuing redistricting plan without express authorization state legislature ibid state file notice appeal april doj informed state letter inappropriate attorney general make determination concerning state preclearance submission district injunction rendered plan incapable administration app state plaintiffs intervenors district filed timely notice appeal district jurisdictional statement federal plaintiffs filed jurisdictional statement conditional noted probable jurisdiction appeals consolidated ii outset observe two critical distinctions cases one us growe emison growe federal district refused abstain defer redistricting proceedings reversing reminded federal courts said many occasions reapportionment primarily duty responsibility state legislature body rather federal quoting chapman meier held bsent evidence state branches fail timely perform duty federal must neither affirmatively obstruct state reapportionment permit federal litigation used impede emphasis added present case unlike growe suggestion district failed allow state adequate opportunity develop redistricting plan second distinction plan unlike growe subject voting rights act district rested injunction plan ground necessary preclearance obtained challenged premise examine first section voting rights act provides whenever covered jurisdiction mississippi see fed reg shall enact seek administer change voting qualification prerequisite voting standard practice procedure state must obtain preclearance district district columbia attorney general change may enforced act requires preclearance voting changes ibid see dougherty county bd ed white dispute includes voting changes mandated order state see mcmillin miss rather controversy pertains proviso effect preclearance submission made attorney general voting change may enforced attorney general interposed objection within sixty days submission appellants originally state plaintiffs assert district erred believing chancery plan lacked preclearance automatically rendered enforceable contend doj failure object within period running state attorney general initial submission december alternative subsequently rendered enforceable doj failure object within period running state attorney general submission additional information february consider contentions turn jurisdiction seeking administrative preclearance must prove change nondiscriminatory purpose effect reno bossier parish school bears burden providing attorney general information sufficient make proof georgia failure cause attorney general object see ibid cfr doj view however incomplete state submissions start clock review see regulations implementing authorize doj request additional information jurisdiction initially omitted information considered necessary evaluation submission jurisdiction responds supplying additional information stating unavailable clock begins run date response received upheld regulations wholly reasonable consistent act georgia supra accord morris gressette doj february request additional information within attorney general discretion cfr thereby postponing time period objections requested information received request neither frivolous unwarranted see georgia supra doj believed mississippi mauldin order holding chancery jurisdiction engage redistricting change voting procedures sought additional information demonstrating change purpose effect denying abridging right vote account race color membership language minority group required fact district identified issue posing hurdle preclearance suggests doj request frivolous supp request information frivolous unwarranted time made regardless whether ultimately develops mauldin chancery assertion jurisdiction redistrict voting changes required preclearance appellants contend even state chancery plan precleared operation law february precleared april days state attorney general submitted additional information requested think section provides henever covered jurisdiction shall enact seek administer voting change change may enforced submitted attorney general objection attorney general within days emphasis added clearly state chancery redistricting plan enacted state mississippi enactment product legislation adjudication see webster new international dictionary ed defining enact make act law perform legislative act reference bill gives validity law black law dictionary ed defining legislate make enact laws web state federal litigation us consequence mississippi legislature failure enact plan chancery redistricting plan eligible preclearance state seek ing administer doubt state seek ing administer changes preclearance sought mississippi attorney general made initial submission doj december provided additional information regarding plan february february however district enjoined state implementing congressional redistricting plan adopted state supp state never appealed injunction uncontrovertibly state longer seek ing administer plan thus time period doj review longer running passing days date state february submission additional requested information legal significance plan rendered enforceable operation law appellants argument appeal intervenors sufficient demonstrate state still seek administer plan invalid face actions private party actions state satisfy prerequisite preclearance since affirm injunction basis district principal stated ground plan precleared prospect precleared time election occasion address district alternative holding state chancery redistricting plan unconstitutional holding district specified set forth cover eventuality principal stated ground rejected appeal therefore vacate basis injunction district alternative holding regarded supporting injunction affirmed principal ground binding upon state federal officials mississippi seek future administer redistricting plan adopted chancery iii determined district properly enjoined enforcement redistricting plan turn propriety redistricting plan district adopted originally state plaintiffs amicus curiae argue district required draw congressional districts originally federal plaintiffs contend required order elections congressional seats must decide whether contend district governed provisions contend provisions article cl constitution provides times places manner holding elections senators representatives shall prescribed state legislature thereof reserves congress however power time law make alter regulations except places chusing senators ibid pursuant authority congress enacted current statutory scheme governing apportionment house representatives congress added provisions subsection addressing done pending redistricting state redistricted manner provided law thereof apportionment representatives state entitled apportionment shall elected following manner change number representatives shall elected districts prescribed law state elected state large shall continue elected increase number representatives additional representative representatives shall elected state large representatives districts prescribed law state decrease number representatives number districts state equal decreased number representatives shall elected districts prescribed law state decrease number representatives number districts state less number representatives number representatives number districts exceeded shall elected state large representatives districts prescribed law state decrease number representatives number districts state exceeds decreased number representatives shall elected state large years enacted congress adopted provides relevant state entitled congress subsequent congress thereafter one representative apportionment made pursuant provisions section title shall established law number districts equal number representatives state entitled representatives shall elected districts established district elect one representative tension two provisions apparent section requires entitled one representative elect representatives districts rather multimember districts state large section however requires multimember districts elections certain situations particular relevance present cases mississippi reason census lost congressional seat requires elections reconcile two provisions interpreting introductory phrase state redistricted manner provided law thereof apportionment phrase established law refer exclusively legislative redistricting tells legislatures districting provides happen absent legislative action present cases mandating elections problem reconciliation provisions limited role assigns governing legislative apportionment judicial apportionment contradicted historical context enactment consistent understanding courts almost years since enactment congress adopted immediate issue precisely involvement courts fashioning electoral plans voting rights act recently enacted assigning federal courts jurisdiction involve elections see stat amended codified et even significant decisions baker carr wesberry sanders reynolds sims ushered new era federal courts overseeing efforts badly malapportioned conform congressional electoral districts constitutionally required standards world role federal courts redistricting disputes transformed spectating see colegrove green opinion frankfurter directing risk arose judges forced fashion remedies simply order elections time congress enacted least six district courts two specifically invoking suggested state legislature unable redistrict correct malapportioned congressional districts order state entire congressional delegation elected large march district ordered pending enactment constitutional redistricting plan michigan legislature michigan representatives elected large calkins hare supp ed october district entered similar order state texas see bush martin supp sd tex february district arkansas whose house delegation decreased six four members census stated legislature taken action apportionment congressmen required run large reasoning compel require elections legislature adopted malapportioned congressional districts park faubus supp ed ark august district missouri whose house delegation decreased members census informed state unable redistrict accordance constitution pursuant command section sic congressional elections missouri ordered conducted large new constitutional districts created preisler secretary state missouri supp wd mo aff per curiam meeks anderson supp baker clement supp md district courts stayed hands held forth possibility requiring elections threat judicially imposed elections far aware threat legislatively imposed change elections unlikely directed solely legislative reapportionment courts ever thought contrary every addressed issue held requires courts remedying failure redistrict constitutionally draw districts whenever possible first examine two weeks statute enacted district missouri previously threatened order elections accordance decision december observed enactment relieved prior existing congressional command order succeeding congressional elections missouri held large preisler secretary state missouri supp wd mo aff accordingly reversed prior position stated fashion districting plan state failed fulfill duty four years later virginia denied writ mandamus directing elections replace allegedly unconstitutional redistricting act ground reason legally issue writ simpson mahan next year california reached conclusion required establish districts see legislature reinecke cal conclusion reaffirmed see assembly state cal deukmejian cal shayer kirkpatrick supp wd mo aff sub nom schatzle kirkpatrick district concluded nothing section suggests limitation applicability declined order elections pursuant appears prohibit elections carstens lamm supp district reached substantially identical result although contemplating provided measure event constitutional redistricting plan exists eve congressional election enough time either legislature courts develop acceptable plan bears noting affirmed two district decisions described see preisler supp shayer supra one without discussing one summarily observed dictum congress reinstated district requirement existed enactment whitcomb chavis course implausibility given circumstances enactment meant apply legislative reapportionment unbroken unanimity state federal courts opposition interpretation consequence text unmistakably demanded interpretation indeed readily susceptible opposite interpretation clause shall established law number districts equal number representatives state entitled sure interpreted phrase law refers legislative action common meaning however encompasses judicial decisions well see hope pelzer referring judicial decisions established law qualified immunity context swidler berlin referring judicial decisions established law privilege context frady referring judicially established standard review motion law see also clearly established federal law determined marbury madison cranch province duty judicial department say law think therefore assuredly envisions legislative action also embraces action state federal courts prescribed legislative action forthcoming might note giving law less common meaning cause immediately following clause representatives shall elected districts established emphasis added exclude courts redistricting including even state courts acting pursuant state legislative authorization event legislative default hard see plausible congressional purpose serve situation decrease number representatives formerly elected districts enables courts prescribe elections paragraph assuming section subsists see infra said constitutional fallback occur situation called application paragraphs none constitutionally enforceable usual decennial census shown proscribed degree disparity voting population established districts absolute prohibition representatives shall elected districts legislatively established subject exception courts despite baker carr congressionally forbidden act state legislature redistricted utterly unavoidable interpret statute require unconstitutional result far situation sum readily enforced courts state legislatures binding courts federal state legislatures determined enacting congress mandated provide election representatives districts mandate applies equally courts remedying state legislature failure redistrict constitutionally confront remaining question make observed earlier texts tension representatives elected districts elected large courts confronted conflict concluded repeals implication see shayer kirkpatrick assembly state cal deukmejian cal something said position especially since paragraphs become postenactment decisions virtually situations plainly unconstitutional unlikely exception situation decennial census makes districting change constitutionally necessary eighty percent section dead letter congress adhere flotsam paragraph repeatedly stated however absent clearly expressed congressional intention morton mancari repeals implication favored universal interpretive shuttle washington metropolitan area transit implied repeal found provisions two statutes irreconcilable conflict latter act covers whole subject earlier one clearly intended substitute posadas national city bank strong argument substitute think better answer prescribes constitutional regard paragraph continues apply section course provisionally applicable governs manner election representatives election held ntil state redistricted manner provided law thereof apportionment language clashes interpreted forbid judicial redistricting unless state legislature first acted interpretation whereas categorically instructs courts redistrict forbids anything order elections unless state legislature acted course need interpretation state redistricted certainly refer redistricting courts well legislatures indeed interpretation seem preferable one even necessary means reconciling two sections prior versions default stopgap provisions invoked state legislature state redistrict ed state act ch stat emphasis added see act ch stat state redistricted herein prescribed legislature said state emphasis added act ch stat shall elected large unless legislatures said provided shall otherwise provide emphasis added provisions stark contrast text current ntil state redistricted manner provided law thereof expansive natural interpretation adopted condition met demand elections suspended follows command state federal redistricts pursuant necessarily manner provided state law must follow policies preferences state expressed statutory constitutional provisions reapportionment plans proposed state legislature except course adherence state policy detract requirements federal constitution white weiser federal constitutional prescriptions federal statutory commands appropriately regarded purposes part state election law thus inapplicable unless state legislature state federal courts failed redistrict pursuant long await redistricting determining governs forthcoming election think election imminent entity competent complete redistricting pursuant state law including mandate able without disrupting election process may stopgap provisions invoked thus properly applied neither legislature long feasible federal courts effect redistricting mandated interpreted continues function always remedy applied eve congressional election constitutional redistricting plan exists time either state legislature courts develop one cf carstens lamm remains considered mississippi election provision reads follows election representatives congress occur number representatives state entitled shall changed consequence new apportionment made congress districts shall changed conform new apportionment representatives shall chosen follows case number representatives state entitled increased one member shall chosen district organized additional member members shall chosen electors state large number representatives shall diminished whole number shall chosen electors state large miss code ann lexis interpretation provision mississippi courts believe designed track deemed operative provisions say phrase districts shall changed conform new apportionment envisions legislatively judicially prescribed change statute come play long remains feasible state federal complete redistricting cases district properly completed redistricting mississippi pursuant thus neither mississippi code applicable iv justice opinion concurring part dissenting part hereinafter dissent agrees district properly acted remedy constitutional violation see post contends looked rather selecting appropriate remedy think explained makes sense apply longer reasonable prospect redistricting according state law whereupon applies like dissent forgo analysis simply ask abstract two provisions primacy probably still select one cast absolute rather conditional terms dissent gives hint reason believes primacy says text directs federal courts order elections ntil state redistricted manner provided law thereof post equally true directs federal courts redistrict absolutely without qualification dissent contemplate role federal courts redrawing congressional districts state redistricted first instance post entirely clear entities dissent considers competent initial redistricting certainly legislature perhaps also state courts courts part provided law thereof post dissent also says enforce redistricted manner provided law thereof enforce state initially redistricted post one takes words face value leaves room initial redistricting assume dissent mean precisely said dissent implicitly differentiates federal state courts effectively holding state courts may undertake initial redistricting satisfy prerequisite federal courts may presumably rests distinction upon belief state courts capable redistricting manner provided law thereof whereas federal courts see post read phrase potentially including state federal courts dissent takes word manner refer process procedures rather substantive requirements see ibid state process redistricting includes courts may courts redistrict rendering inapplicable reading renders phrase manner provided law thereof redundant requirement state redistricted course state redistricted districts drawn someone without authority redistrict ambitious county clerk individual legislator sit draw districting map one think state within meaning statute redistricted view word manner refers state substantive policies preferences redistricting white weiser see also upham seamon per curiam thus federal redistricts state manner complies state substantive districting principles manner provided law thereof see supra certainly remains preferable state legislature complete constitutionally required redistricting pursuant requirements see abrams supra state courts see growe state legislature authorized body produce needed decision federal courts left embark delicate task redistricting abrams supra dissent claims read statutory phrase ntil state redistricted mean ntil election imminent entity competent complete redistricting pursuant mandate able without disrupting election process post premise proceeds mount vigorous principles espouses highly edifying plain meaning attack upon holding unfortunately premise patently false less dissent acknowledge text tells us long govern state redistricted manner provided law thereof post issue long governs long continuing mandate wait ordering election dissent treats though prescribes application facts present case immediate establishment statewide districts election representatives prescribes thing says ntil state redistricted manner provided law thereof representatives shall elected state large point issues command point bites election time election time redistricting manner provided state law occurred become operative despite dissent ardent protestations contrary see dissent less must confront question ow long await redistricting determining governs forthcoming election surely dissent possibly believe since text tells us long govern declare immediately congressional reapportionment state legislature even chance act state next elections representatives large say state legislature state federal courts given full time available right time delay disrupt election process reapportion according state law since dissent disagrees wonder time line might claim time line simply assert contains imminence requirement absurd dissent suggests reading runs afoul anticommandeering jurisprudence see post dissent fails recognize state legislature obligation prescribe times places manner holding congressional elections grounded article cl constitution mere statutory requirement acknowledged dissent federal plaintiffs alleged constitutional violation failure provide election proper number representatives accordance article cl federal drew plan remedy violation post crafting remedy district appropriately followed regulations congress prescribed regulations article cl constitution expressly permits congress make see supra sure envisions legislative action supra context article cl regulations expressly allowed enacting matter congress placing statutory obligation state legislatures new york rather regulating constitution specifically permits manner state fulfill constitutional obligations article interpretation permits commandeering machinery state government dissent understanding view state fails redistrict federal courts may dissent view state fails redistrict loses congressional seats federal courts must order elections pursuant see post reading runs afoul anticommandeering principles dissent commits sin another straw man erected dissent found insistence though response argument ince enacted decades baker line cases subsequent development change interpretation post never said cases changed meaning said help explain meaning enacted decided course rudimentary rule statutory construction one thought familiar dissenters prone preachment subject see post courts interpret statutes isolation context corpus juris part including statutes correct rule interpretation divers statutes relate thing taken consideration construing one thing contained subsequent statute within reason former statute shall taken within meaning statute gathered subsequent statute pari materia meaning legislature attached words former statute amount legislative declaration meaning govern construction first statute freeman say meaning illuminated baker carr line cases sheds light upon meaning finally dissent gives statutory phrase redistricted manner provided law thereof meaning highly unusual means according dissent redistricted state law requires even state law unconstitutional even unconstitutional redistricting satisfies clause enables applied know instance federal statute acknowledges state law provision violates supremacy clause therefore legal nullity particularly peculiar dissent allow unconstitutional redistricting satisfy clause allow nonprecleared redistricting satisfy clause subject voting rights act see post say dissent view redistricted state redistricted within meaning districts precleared redistricted even districts patently unconstitutional long precleared state subject preclearance requirement section course preclearance exception redistricting manner provided state law ineffective federal statute preclearance disregarded surely also ineffective federal constitution disregarded dissent reads text redistricted manner provided state law distinctions basis reality judgment district affirmed beatrice branch et appellants john robert smith et al john robert smith et appellants beatrice branch et al appeals district southern district mississippi march justice kennedy justice stevens justice souter justice breyer join part ii concurring join opinion plurality opinion parts iv opinion makes clear district correct enjoin ing plan developed mississippi state chancery precleared voting rights act ante vacates district alternative holding plan violated article constitution ante ii seems appropriate explain view ruling vacating judgment mandated earlier cases precedent ruling see connor waller per curiam board supervisors warren per curiam connor finch wise lipscomb opinion white see also post concurring part dissenting part district found preclearance premature given statutory scheme consider constitutional question state reapportionment enactments precleared accordance district err deciding constitutional challenges acts connor waller rule prescribed connor reflects purposes behind voting rights act concerned covered jurisdictions exercise ingenuity devise new subtle forms discrimination congress prohibited jurisdictions implementing change voting procedure without obtaining preclearance hathorn lovorn jurisdiction covered must seek approval either attorney general district district columbia see clark roemer lopez monterey county absent preclearance voting change neither effective enforceable matter federal law connor waller supra board supervisors supra finch supra wise supra hathorn supra clark supra post concurring part dissenting part process particular administrative scheme designed covered state rapid method rendering new state election law enforceable georgia quoting allen state bd elections consistent statutory scheme district courts entertain constitutional challenges nonprecleared voting changes way anticipate ruling yet made executive proposed changes capable implementation constitutional objections may resolved preclearance process constitutional challenge presented district fell within ambit connor rule previous cases addressed contentions state reapportionment plan violated principle diluted minority voting strength connor waller supp sd miss rev per curiam board supervisors supra wise supra litigation appellees objected constitutionality state assumption authority devise redistricting plan fact appellees framed constitutional argument state authority pass redistricting plan rather plan components make claim reviewable plan yet precleared cause appellees injury enforcement implementation deciding address constitutional challenge district motivated commendable purpose enabling examine issues presented litigation one appeal approach however forces federal courts undertake unnecessary review complex constitutional issues advance executive determination risks frustrating mechanism established voting rights act cases instance district decision led delay preclearance attorney general whether authorized statute refused consider plan constitutional injunction remained place app advance determination moreover risk least perception executive revising judgment article iii adherence rule connor provides covered time remedy constitutional defects without involvement federal courts given statutory command direct review also helps ensure constitutional issues necessary resolution electoral dispute brought us beatrice branch et appellants john robert smith et al john robert smith et appellants beatrice branch et al appeals district southern district mississippi march justice stevens justice souter justice breyer join concurring part concurring judgment congress enacted brief statutory provision banned elections representatives opinion portion statute codified impliedly repealed reasons support conclusion also persuade federal act mississippi statutory authorization election representatives congress accordingly join parts ii opinion join parts iv question whether act congress repealed earlier federal statute similar question whether state statute congress clearly expresses intent repeal must respect expression fails expressly presumption implied repeals like presumption overcome two situations irreconcilable conflict provisions two acts later act clearly intended cove whole subject earlier one posadas national city bank read statute entirely prohibits one congressional district adopting either multimember district electing representatives elections one narrow exception applied election two rather long contentious legislative process congress enacted brief provision act relief doctor ricardo vallejo samala provide congressional redistricting enacted senate house representatives america congress assembled purposes immigration nationality act doctor ricardo vallejo samala shall held considered lawfully admitted permanent residence august state entitled congress subsequent congress thereafter one representative apportionment made pursuant provisions subsection section act june entitled act provide apportionment representatives stat amended shall established law number districts equal number representatives state entitled representatives shall elected districts established district elect one representative except state entitled one representative previous elections elected representatives large may elect representatives large congress pub stat emphasis added second paragraph statute enacts general rule prohibiting one congressional representative electing representatives congress single exception congressional command applied hawaii new mexico election emphasizes fact act applies every state every election thus unambiguously forbids elections otherwise authorized creates irreconcilable conflict law covers whole subject congressional elections posadas either accepted standards identifying implied repeals repealed earlier federal statute addition statute mississippi statute setting default rule elections first paragraph statute suggests answer question congress failed enact express repeal law intent seems obvious statute became law december final gasp protracted legislative process began january chairman celler house judiciary committee introduced renewing efforts made preceding congress provide legislative standards responsive holding wesberry sanders principle applies congressional bill introduced representative celler contained express language replacing introduced three principal components relevant implied repeal analysis first bill required district elections shall established law number districts equal number representatives state entitled representatives shall elected districts established district elect one representative second bill limited gerrymandering requiring district times composed contiguous territory compact form practicable ibid third bill required proportional representation district established state ninetieth subsequent congress shall contain number persons excluding indians taxed per centum greater less average obtained dividing population number representatives ibid bill generated great controversy discussion importantly present purposes however two three components discussed depth point either numerous conference reports lengthy floor debates disagreement regarding language expressly repealing district requirement appear rather debate confined gerrymandering requirement proportionality rule scope duration temporary exceptions broad prohibition elections house judiciary committee amended bill limiting proportional differences districts exceed percent creating exception general rule congresses elections allowed hawaii new mexico continue elect representatives large proportional differences large percent house passed amended bill senate judiciary committee amended bill striking hawaii exception allowing percent rather percent variation districts congresses bill went conference twice conference recommended two sets amendments first conference report issued june recommended striking exception general rule limiting proportional variation percent less see conf compromise failed pass either house senate conference recommended measure similar second paragraph private bill eventually passed general rule requiring districts exception unlimited duration hawaii new mexico conf importantly every version bill discussed house report senate report conference reports contained provision expressly repealing spite several modifications bill recommended last conference failed pass either chamber decision attach private bill reflected deadlock indeed proponents attachment remarked sought take uncontroversial components prior legislation ensure congress pass legislation response wesberry sanders absence discussion debate reference provision expressly repealing private bill prevents omission final bill seen deliberate choice congress fair reading history leading passage bill demonstrates parties involved operating belief changes debating completely replace justice provided us convincing exposition flaws justice scalia textual interpretation see post opinion concurring part dissenting part ironically however misled undue reliance text statutes enacted period history long congress enacted voting rights legislation recognized central importance protecting minority access polls important federal interest prohibiting voting particularly like mississippi became matter congressional concern intervening dramatic historical change significantly lessens relevance earlier statutes present analysis moreover analysis implied repeal issue apparently assumes two provisions coexist statute one impliedly repeal enacted successive statutes thus makes comment proviso statute preserved elections new mexico hawaii proviso surely supports conclusion exception intended congress otherwise total prohibition elections authorization elections statute cited justice also set forth proviso although words provided omitted statutes contain examples differently worded exceptions general rule also important note text statute unlike four earlier statutes uses word create categorical prohibition elections matter plain english conflict prohibition permitted elections surely irreconcilable justice consideration legislative history statute fails give appropriate consideration four bills expressly repealed see supra bills coupled absence expression anyone involved protracted legislative process intent preserve elections anywhere except new mexico hawaii provide powerful support conclusion literal reading text plainly congress intended enact categorical prohibition elections odd circumstance final version prohibition added private bill makes quite clear omission clause expressly repealing simply inadvertence canons statutory construction presumption implied repeals presumption often less reliable guides search congressional intent page two history history statute coupled plain language text leads one conclusion congress impliedly repealed far wiser give effect manifest intent congress plurality attempts engage tortured judicial legislation preserve remnant obsolete federal statute equally obsolete state statute accordingly concur judgment opinion join parts iv plurality opinion beatrice branch et appellants john robert smith et al john robert smith et appellants beatrice branch et al appeals district southern district mississippi march justice justice thomas joins concurring part dissenting part join parts ii opinion agree mississippi chancery redistricting plan lacks preclearance join part consistent decisions holding federal courts rule constitutional challenge voting change change yet capable implementation see connor waller per curiam see also ante kennedy concurring join part iii part iv however disagree command disagree plurality regarding proper statutory construction first agree plurality somewhat reluctant conclusion impliedly repeal quite easy read together natural statutory reading gives force section applies ntil state redistricted manner provided law thereof section applies state redistricted manner provided law thereof plurality justice stevens recognize implied repeal exist provisions two acts irreconcilable conflict later act covers whole subject earlier one clearly intended substitute posadas national city bank see also ante plurality opinion ante stevens concurring part concurring judgment indeed two statutes capable duty courts regard effective radzanower touche ross quoting morton mancari found implied repeal statute since see gordon new york stock exchange outside antitrust context appear found implied repeal statute since see lewis difficult read manner gives force statutes impliedly repeal see burroughs effect reasonably given statutes presumption earlier intended remain force radzanower touche ross supra repeal regarded implied necessary make later enacted law work even minimum extent necessary guiding principle reconciliation two statutory schemes alteration original internal quotation marks omitted previous versions confirm implied repeal exist since versions coexisted indeed apportionment statutes contained district requirement well default requirement compare act ch stat number state may entitled shall elected districts one district electing one representative emphasis added ibid shall elected large unless legislatures said provided shall otherwise provide time fixed law next election representatives therein emphasis added act ch stat number state may entitled shall elected districts said districts shall equal number representatives state may entitled congress one district electing one representative emphasis added stat uch additional representative representatives shall elected state large emphasis added act ch stat number state may entitled shall elected districts said districts shall equal number representatives state may entitled congress one district electing one representative emphasis added stat number hereby provided shall state less change hereby made whole number state hereby provided shall elected large unless legislatures said provided shall otherwise provide time fixed law next election representatives therein emphasis added act ch stat representatives shall elected districts said districts shall equal number representatives state may entitled congress one district electing one representative emphasis added stat uch additional representative representatives shall elected state large state shall redistricted manner provided laws thereof justice stevens attempts distinguish prior versions contained slightly different language present version see ante even assuming however version slightly different present version versions effect materially indistinguishable present version indeed statute one effect time congress enacted present version almost word word current statute compare act ch stat state shall redistricted manner provided laws thereof ntil state redistricted manner provided law therof see also smiley holm noting version apply unless new districts created given history two provisions coexisting statute hold impliedly repeals two statutes capable covers different subject matter morton mancari supra section intended cover whole subject clearly intended substitute posadas national city bank supra section requiring elections applies unless state redistricts requiring districts applies state completed redistricting process fact read prior versions two conflict smiley holm supra recognized version provisions elections appropriate remedy state properly redistricted first instance see nless new districts created representatives allotted state must elected state large statute expired congress reenact instead congress passed took effect concerned elections complementary district requirement existed congress enacted relevant part shall established law number districts equal number representatives state entitled representatives shall elected districts established district elect one representative relevant language statute tracks language prior versions justice stevens distinction prior versions version congress added word latest version see ante one word thin reed rest implied repeal justice stevens hold instead expressly repealing congress added word addition change meaning statute basis finding implied repeal justice stevens argues congress intended whole redistricting enacted ante quoting posadas national city bank congress given serious thought earlier statute holding result earlier consideration repealed qualified reasonable insist legislature using language showing made considered determination justice stevens strongest argument legislative history indicates parties involved operating belief changes debating completely replace ante yet justice stevens acknowledges congress expressly repealed see ante justice stevens thinks evidence congress tried expressly repeal four times cuts strongly favor implied repeal see ante four attempts repeal unsuccessful difficult conclude congress impliedly repeal statute deliberately chose expressly repeal statute case two provisions historically congress explicitly rejected express repeal find implied repeal hold instead congress passed restore redistricting law status became effective without complementary provision regarding districts floor statements colloquy senators baker bayh cited justice stevens see ante overcome strong presumption implied repeals especially given historical evidence peacefully coexisted since century explained detail part infra circumstances leading passage support finding implied repeal short capable history shows cover whole subject agree plurality impliedly repeal therefore continues apply ante ii although plurality acknowledges remains full force inexplicably adopts reading textual basis state must conduct elections ntil state redistricted manner provided law thereof instead simply reading plain text statute however plurality invents version text plurality holds ntil state redistricted means ntil election imminent entity competent complete redistricting pursuant mandate able without disrupting election process ante reading faithful text statute like justice stevens believe interpretation nothing tortured judicial legislation ante see also scalia rule law law rules chi rev hen one solid textual anchor established social norm derive general rule pronouncement appears uncomfortably like legislation dictionary definitions confirm plain text says state redistricted manner provided law thereof means ntil state redistricted manner provided law thereof meaning word difficult understand specialized term art see webster new international dictionary ed defining mean uring whole time webster collegiate dictionary ed defining mean time efore word redistricted also hard comprehend defining redistrict mean divide anew districts black law dictionary ed defining redistrict mean organize new districts esp legislative ones reapportion employs dictionary definitions interpret voting rights act see ante notably refrains using dictionary definition section contains imminence requirement credible say state redistricted manner provided law thereof apportionment means ntil election imminent entity competent complete redistricting pursuant mandate able without disrupting election process ante plurality characterizes stopgap provisio text limited ibid plurality asks ow long await redistricting determining governs forthcoming election ibid yet text provides basis plurality ask question indeed text tells us long govern state redistricted manner provided law thereof emphasis added plurality reading however apply even though terms apply state yet redistricted manner provided law thereof language statute bear reading cf holloway scalia dissenting amount rationalization change reality normal far know exclusive english usage word statute simply bear meaning assigns dispositive question text says state redistricted manner provided law thereof state redistricted manner provided law thereof apportionment draw districts ibid emphasis added must apply terms order elections however state redistricted manner provided law thereof applies thus state redistricted determines redistricting violates constitution voting rights act correct remedy violation procedure drawing districts comport federal statutory law constitution ntil state redistricted manner provided law thereof mandates order elections short enforce state redistricted manner provided law thereof enforce state redistricted manner provided law thereof plurality seems forget cases one federal power redistrict private parties alleged violation constitution voting rights act sections create independently enforceable private rights action rather provisions address remedy federal must order finds violation constitutional statutory federal plaintiffs case alleged constitutional violation federal drew plan remedy violation found constitutional violation federal required fashion appropriate remedy depending whether state redistricted manner provided law thereof plurality reading also fails terms plurality appears acknowledge ante plain text requires courts apply applying yet plurality never justifies interpreting looks instead reading plain language state law really includes federal law maintains equally applicable text directs federal courts order elections ntil state redistricted manner provided law thereof deciding whether applicable answer escape directive pointing text indeed one takes face value plurality statement continues apply ante look state complies terms section antecedent since defines elections appropriate moreover interpretation interplay calls question jurisprudence see new york always understood even congress authority constitution pass laws requiring prohibiting certain acts lacks power directly compel require prohibit acts printz tate legislatures subject federal direction scalia plurality anticommandeering jurisprudence inapplicable article section gives congress power regulat times places manner holding congressional elections course article uses similar language authorizes congress regulate commerce among several whether anticommandeering principle new york printz robust article context font congressional authority article context source congressional authority cases question need definitively resolved event canon constitutional avoidance counsels strongly reading adopted parts iii iv principal opinion reading see ante also adopted justice stevens invites future facial attack constitutional validity history prior versions shows never treated absolute command routinely used elections previous iterations even though versions also stated representatives shall elected districts act june ch stat act july ch stat act stat cf supra documenting versions see also martis historical atlas congressional districts pp hereinafter martis documenting used elections congress congress passed first version congress last version expired indeed every congress least one state used form representation unless willing say openly flouted federal law way read history acknowledge statutory command see ante plurality opinion statutory comman rather predecessors tell type redistricting legislation allowed pass others prohibited reading also comports history congressional elections congress passed first version routinely elect one individual specific district see martis listing five maryland massachusetts new jersey new york pennsylvania used multimember districts congress congress first version went effect however longer use multimember districts rather either redistrict using districts use elections short tell must pass redistricting legislation section instead restriction type legislation state may pass restriction completely consistent new york printz provides elections default mechanism choose pass redistricting legislation interpretation mandates courts order elections ntil state redistricted manner provided law thereof mean redistricting plan effect applies later deems apportionment plan invalid words specifically refer process state redistricts manner provided law thereof section longer implicated state finishes process redistricting manner provided law thereof apportionment required action state complete state plan first becomes effective state redistricted manner provided law thereof ibid plurality construction statutory basis way understand opinion overlooking words statute nontextual prudential reasons cf scalia matter interpretation discussing case church holy trinity noting congress enact foolish statutes well wise ones courts decide rewrite former prudential reason plurality distort plain text hold sub silentio impliedly repeals else plurality note tension two statutes ante note something said implied repeal position engage long exegesis historical context surrounding enactment see ante majority opinion plurality adopts reading proposed one district decision see carstens lamm supp recognizes brief reasoning carstens nothing less partial implied repeal see brief amicus curiae section unequivocal mandate members house representatives elected districts except exigencies time render impracticable see carston sic lamm supra resolves problem creates workable sensible regime faithfully fulfills congress purpose enacted section see also repeal implication disfavored failure give statute full scope terms require moreover neither plurality justice stevens rely historical context cases support interpretations history fact cuts true district courts threatened impose elections state redistricting plan ruled unconstitutional see ante majority opinion citing cases cases however legislature already redistricted manner provided law thereof thus congress response enacting read target anything situations state already redistricted manner provided law thereof course state redistricted manner terms apply anything enactment clarified statutory balance existed prior versions statute continue exist cases cited resolve question happens state fails redistrict manner provided law thereof describes cases decisions courts remedying failure redistrict constitutionally ante agree strikes state apportionment plan mandates draw districts whenever possible ibid historical context confirms state redistricted rules plan unconstitutional ensures courts order elections cases legislature redistricted manner provided law thereof applicable thus rely cases support notion historical context surrounding enactment renders toothless indeed unclear examines historical context cf bank one chicago midwest bank trust scalia concurring part concurring judgment view law means text appropriately conveys whatever congress enacted might law law says content reading rather psychoanalyzing enacted also implies reads way decisions baker carr wesberry sanders reynolds sims ushered new era federal courts overseeing efforts badly malapportioned conform congressional electoral districts constitutionally required standards ante justice stevens decisions explain congress passed see ante watershed opinions change meaning first later development change unamended statute see vermont agency natural resources ex rel stevens scalia since enacted decades baker line cases subsequent development change interpretation second decision baker carr supra rested large part fact courts already involved overseeing apportionment cases courts directing redistricting disputes since well baker ante indeed baker specifically acknowledged unbroken line precedents sustains federal courts jurisdiction subject matter federal constitutional claims nature smiley holm example specifically reached redistricting question held prior versions mandated elections absence redistricting act held elections required order afford representation state constitutionally entitled general provisions act regarded intended different import ibid wood broom ruled issue strikingly similar front today effect prior versions mississippi congressional delegation reduced one seat fact district wood made ruling statutory grounds mirror constitutional review district held new districts created redistricting act composed compact contiguous territory nearly practicable number inhabitants hence failed comply mandatory requirements act august see also hume mahan supp ed likewise baker state courts enforced prior versions see moran bowley state ex rel carroll becker mo short baker progeny expanded scope federal review cases change fact recognized federal jurisdiction subject matter time enactment therefore baker line cases caused magically change meaning plurality also seems base sub silentio holding implied repeal fact ighty percent dead letter ante even assuming first four parts currently unconstitutional necessarily unconstitutional congress passed instance specifies change number representatives shall elected districts prescribed law state true today district probability remain exactly apportionment true hold strict rule applied redistricting cases decision karcher daggett indeed decision wesberry sanders supra stated congressional districts must equal nearly practicable justice stevens points wesberry house passed bill permitting congressional districts deviate much see ante congress passed house passed bill permitting congressional districts deviate much see ante appears least state new mexico congressional apportionment plan change census see martis noting new mexico used districting plan congresses words principles also explain similarly constitutional even parts unconstitutional today redistrict existing district lines make districts constitutional ordering election additional representatives indeed approach best accords principle federal modifications state plan limited necessary cure constitutional statutory defect upham seamon per curiam even constitutional plurality correctly recognizes easily severable rest statute see ante finally fact must enter order mandating elections necessarily mean plan violate voting rights act traditional elections required statewide basis rather acknowledge brief pp tr oral arg design election plan awards seats cumulative basis method result plan satisfies voting rights act cf growe emison rogers lodge holder hall thomas concurring judgment dillard chilton county bd supp md see also issacharoff karlan pildes law democracy rev ed pildes donoghue cumulative voting chi legal short agree phrase ntil state redistricted manner provided law thereof contains sort imminence requirement requirement without statutory mooring although plurality claims hold impliedly repeal plurality opinion makes sense serves partial implied repeal difficult say plurality continues apply ante also say plurality applies election imminent entity competent complete redistricting pursuant mandate able without disrupting election process ante unless congress expressly repeals hold federal courts required order form elections ntil state redistricted manner provided law thereof apportionment iii concluded applies ntil state redistricted manner provided law thereof apportionment necessary consider question intentionally avoids whether state mississippi redistricted manner provided law thereof applies district ordered elections redistricted district correct draw districts consistent case law mississippi state law state redistricted apportionment plan precleared voting rights act mississippi plan precleared hold applies held new reapportionment plan enacted state considered law submitted received clearance wise lipscomb plurality opinion quoting connor finch citation omitted accord connor waller section requires covered jurisdictions delay implementation validly enacted state legislation federal authorities opportunity determine whether legislation conforms constitution provisions voting rights act clark roemer hathorn lovorn opinions repeatedly note failure follow preclearance procedures renders change unenforceable indeed hathorn lovorn held mississippi implement change parties comply preclearance final step process redistricting apportionment plan precleared effective law implemented case law state redistricted clearance process complete covered jurisdiction receives clearance federal government may force state make changes redistricting plan state receives preclearance may implement voting change mississippi recognized redistricting process complete apportionment plan cleared voting changes subject effective law unless cleared mcmillin miss quoting connor waller supra mcmillan mississippi held plan nonpartisan judicial elections passed legislature yet effective precleared consequently ordered elections occur old plan required partisan judicial elections see ibid consequently statutes currently governing primary judicial elections setting elections tuesday june enforceable provisions regarding said primaries thus despite fact legislature passed law mandating nonpartisan judicial elections despite fact new law expressly repealed old law despite fact governor signed law despite fact state submitted new law attorney general preclearance new law operative one reason attorney general precleared new law time new primary elections see thus least mississippi old voting plan remains effect new plan precleared accordingly terms apply district ordered elections entire state congressional delegation congress expressly repeal quite easily done presume act congress stead read manner divorced semblance textual fidelity order reach deems correct unintrusive result therefore respectfully dissent part opinion parts iv plurality opinion footnotes together smith et al branch et also appeal footnotes contrary dissent assertion post reading creates conflict pennhurst state school hospital halderman federal granted relief basis federal law specifically federal constitution district instruc state officials conform conduct state law pennhurst supra rather deferred state policies preferences redistricting white weiser far intruding state sovereignty deference respects footnotes compare posadas federal statute implicitly overrides state law either scope statute indicates congress intended federal law occupy field exclusively english general elec state law actual conflict federal law hawaii new mexico two met statutory exception entitled one representative previous elections elected representatives large pub stat house representatives passed bill identical relevant respects bill representative celler introduced january see sess specifically expressly repealed following language present final version section act june entitled act provide fifteenth subsequent decennial censuses provide apportionment representatives stat amended amended follows subsection amended striking language subsection inserting place thereof following senator bayh introduced one amendment private bill excluded hawaii new mexico senator baker offered another exceptions senator bayh characterized amendment follows tried take part conference report dispute minimal amount dispute attach part bill pending business cong rec senator baker described amendment follows measure makes provision nothing gerrymandering nothing compactness nothing census strictly provides straightforward manner one member house representatives state state must districted members may run large believe amendment straightforward direct simple way get urgent need entire field redistricting prevent several union threat representatives house representatives stand election large colloquy senators bayh baker floor agreed final amendment left doubt effect make mandatory congressmen elected districts whether reapportionment done state legislatures federal remarks senator bayh footnotes matter whether applies exclusively legislative redistricting terms courts involved redistricting process extent courts part manner provided law thereof courts may redistrict contrary plurality interpretation text makes clear manner refers exclusively state law manner state redistricts refer process state redistricts moreover plurality conflation state federal law substantial tension opinion pennhurst state school hospital halderman delineating distinction state federal law federal enters injunction coercive congress say state comply legislative command federal enter injunction making state conform congress command see new york striking congress take title provision choice two unconstitutional choices choice command however state choice passing redistricting legislation using elections section merely limits type remedies federal may adopt response violation federal law neither affirmatively provides courts authority draw districts absent violation rather specifies remedy appropriate constitutional violation see must order elections ntil state redistricted manner provided law thereof alabama congresses arkansas congresses california congresses colorado congresses connecticut congresses florida congresses georgia congresses iowa congress kansas congresses idaho congresses illinois congresses indiana congress louisiana congress new york congresses maine congress michigan congress minnesota congresses mississippi congresses missouri congresses montana congresses new hampshire congresses new mexico congress north carolina congress north dakota congresses ohio congress oklahoma congress pennsylvania congresses south carolina congress south dakota congresses tennessee congress texas congresses utah congress virginia congress washington congresses west virginia congresses wisconsin congress see calkins hare supp ed plaintiffs challenged constitutionality congressional districting state bush martin supp sd tex question whether texas congressional redistricting act constitutional park faubus supp ed ark alleged act second extraordinary session acts general assembly state arkansas year act divides state arkansas congressional districts deprives plaintiff others similarly situated right vote citation omitted preisler secretary state supp wd mo plaintiffs contest constitutional validity missouri congressional redistricting act meeks anderson supp action brought qualified voters four five congressional districts kansas seeking kansas statutes last congressional reapportionment kansas legislature declared unconstitutional citation omitted baker clement supp md case presents question whether statute creating tennessee nine congressional districts violates article section constitution