reno attorney general bossier parish school board et argued december decided may held preclearance may denied solely basis covered jurisdiction new voting standard practice procedure violates consistently understood combat different evils accordingly impose different duties upon see holder hall plurality opinion section freezes election procedures covered jurisdiction jurisdiction proves proposed changes purpose effect denying abridging right vote account race see beer designed combat effects retrogressive retrogression definition requires comparison jurisdiction new voting plan existing plan see holder supra plurality opinion necessarily implies jurisdiction existing plan benchmark effect voting changes measured section hand applies jurisdictions uses benchmark comparison vote dilution claims hypothetical undiluted plan making compliance contingent upon compliance appellants urge intents purposes replace standards thus contradicting years precedent interpreting see beer supra appellants contentions reading supported beer decision attorney general regulations public policy considerations rejected pp evidence showing jurisdiction redistricting plan dilutes minorities voting power may relevant establish jurisdiction intent retrogress need decide today whether evidence relevant establish types discriminatory intent whether purpose inquiry ever extends beyond search retrogressive intent say confidence district considered evidence proffered show board reapportionment plan dilutive aspect holding must vacated pp section evidence may relevant within meaning federal rule evidence fact plan dilutive impact makes probable jurisdiction adopting plan acted intent retrogress without evidence course mean evidence plan dilutive impact dispositive purpose inquiry indeed itwere effectively incorporated result finds unsatisfactory conducting inquiry jurisdiction motivation enacting voting changes courts look guidance arlington heights metropolitan housing development sets forth framework examining discriminatory purpose pp unable determine whether district deemed irrelevant evidence dilutive impact redistricting plan adopted board language opinion consistent today holding existence less dilutive options least relevant purpose inquiry district also appears endorsed notion dilutive impact evidence irrelevant even inquiry retrogressive intent district opportunity apply arlington heights test remand well address appellants additional arguments erred refusing consider evidence board violation ongoing injunction remedy remaining vestiges dual school system pp supp vacated remanded delivered opinion rehnquist scalia kennedy thomas joined full ginsburg breyer joined except insofar part iii inconsistent views expressed concurrence breyer thomas filed concurring opinion breyer filed opinion concurring part concurring judgment ginsburg joined stevens filed opinion dissenting part concurring part souter joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press nos janet reno attorney general appellant bossier parish school board et al george price et appellants appeals district district columbia may justice delivered opinion today clarify relationship voting rights act stat amended specifically decide two questions whether preclearance must denied whenever covered jurisdiction new voting standard practice procedure violates ii whether evidence new standard practice procedure dilutive impact always irrelevant inquiry whether covered jurisdiction acted purpose denying abridging right vote account race color answer negative appellee bossier parish school board board jurisdiction subject preclearance requirements voting rights act must therefore obtain approval either attorney general district district columbia implementing changes voting qualification prerequisite standard practice procedure board members elected single member districts majority vote serve year terms census revealed wide population disparities among districts see app juris statement stipulations fact law board decided redraw districts equalize population distribution process board considered two redistricting plans considered initially rejected redistricting plan recently adopted bossier parish police jury parish primary governing body jury plan govern elections months attorney general precleared jury plan also contained districts stipulations none districts board existing plan jury plan contained majority black residents stipulations population statistics board existing districts three districts highest black concentrations contain black residents respectively stipulations population statistics jury plan none plan districts containing black majority board adoption jury plan maintained status quo regarding number black majority districts parties stipulated jury plan retrogressive stipulations plan retrogressive minority voting strength compared existing benchmark plan appellant george price president local chapter naacp presented board asecond option plan created two districts containing majority black residents majority voting age black residents stipulations vocal opposition local residents black white alike board voted adopt jury plan reasoning jury plan almost certainly precleared naacp plan require board split electoral precincts board hopes rapid preclearance dashed attorney general interposed formal objection board plan basis new information available justice department precleared plan police jury namely naacp plan demonstrated black residents sufficiently numerous geographically compact constitute majority two single member districts attorney general august objection letter objection letter asserted board plan violated act unnecessarily limit ed opportunity minority voters elect candidates choice compared new alternative relying cfr provides attorney general shall withhold preclearance necessary prevent clear violation amended section attorney general concluded board redistricting plan warranted denial preclearance app juris statement attorney general declined reconsider decision ibid board filed action seeking preclearance district district columbia appellant price others intervened defendants three judge panel granted board request preclearance dissent one judge supp dc district courtsquarely rejected appellants contention voting change alleged failure satisfy constituted independent reason deny preclearance hold every considered question political subdivision violate either effect purpose prong section denied preclearance alleged section violation given holding district quite properly expressed opinion whether jury plan fact violated refusal reach decide issue dicta require us justice stevens insists assume record discloses clear violation see post opinion dissenting part concurring part issue yet decided district however reject appellants related argument must still consider evidence section violation evidence discriminatory purpose section noted probable jurisdiction june voting rights act act et enacted congress attac blight voting discrimination across nation south carolina katzenbach two weapons federal government formidable arsenal act although consistently understood sections combat different evils accordingly impose different duties upon see holder hall plurality opinion noting two sections differ structure purpose application appellants nevertheless ask us hold violation independent reason deny preclearance unlike justice stevens post opinion dissenting part concurring part entertain little doubt department justice litigants routinely attempt avail new reason denying preclearance recognizing violations basis denying preclearance inevitably make compliance contingent upon compliance intents purposes replace standards contradict longstanding interpretation two sections act reject appellants position section enacted response common practice jurisdictions staying one step ahead federal courts passing new discriminatory voting laws soon old ones struck congress therefore decided held shift advantage time inertia perpetrators evil victim freezing election procedures covered areas unless changes shown nondiscriminatory beer quoting pp retrogression definition requires comparison jurisdiction new voting plan existing plan see holder supra plurality opinion proposed voting practice measured existing voting practice determine whether retrogression result proposed change also necessarily implies jurisdiction existing plan benchmark effect voting changes measured beer example concluded city new orleans reapportionment council districts created one district majority voting age blacks none discriminatory effect thus apparent legislative reapportionment enhances position racial minorities respect effective exercise electoral franchise hardly effect diluting abridging right vote account race within meaning likewise city lockhart found city new charter retrogressive effect even though maintained city prior practice electing council members large numbered posts instituted new practice electing two city four council members every year instead electing council members every two years practice discriminatory effect circumstances fact remained ince new plan increase degree discrimination thecity mexican american population entitled preclearance retrogressive emphasis added section hand designed means eradicating voting practices minimize cancel voting strength political effectiveness minority groups supra broader mandate bars political subdivisions maintaining voting standard practice procedure results denial abridgement right vote account race color voting practice impermissibly dilutive within meaning based totality circumstances shown political processes leading nomination election state political subdivision equally open participation members class defined race color members less opportunity members electorate participate political process elect representatives choice appellants contend preclearance must denied whenever covered jurisdiction redistricting plan violates upshot position shift focus nonretrogression vote dilution change benchmark jurisdiction existing plan hypothetical undiluted plan held designed combat effects retrogressive see supra adopt appellants position call question years precedent interpreting see beer supra city lockhart supra decline section already imposes upon covered jurisdiction difficult burden proving absence discriminatory purpose effect see elkins practical matter never easy prove negative require jurisdiction litigate whether proposed redistricting plan also dilutive result implement plan even attorney general bears burden proving result increase serious federalism costs already implicated see miller johnson slip noting federalism costs exacted preclearance appellants nevertheless contend adopt reading supported decision beer attorney general regulations considerations public policy beer heldthat prohibited retrogressive effects observed ameliorative new legislative apportionment violate unless new apportionment discriminates basis race color violate constitution although allegation redistricting plan beer discriminate basis race color unconstitutional cited dicta cases illustrate redistricting plan might found constitutionally offensive among decision white regester sustained vote dilution challenge brought equal protection clause use multimember election districts two texas counties ibid appellants argue ecause vote dilution standards constitution section generally coextensive time beer decided beer discussion meant practices violated section entitled preclearance section brief federal appellant even assuming arguendo appellants argument support longer valid today applicable statutory constitutional standards changed since plaintiff bringing constitutional vote dilution challenge whether fourteenth fifteenth amendment required establish state political subdivision acted discriminatory purpose see mobile bolden plurality opinion decisions made clear action state racially neutral face violates fifteenth amendment motivated discriminatory purpose nly purposeful discrimination violation equal protection clause fourteenth amendment see also arlington heights metropolitan housing development proof racially discriminatory intent purpose required show violation equal protection clause congress amended clearly expressed desire intent component see th amendment designed make clear proof discriminatory intent required establish violation section constitution requires showing intent violation longer fortiori violation constitution congress acknowledged fact see voting rights act best example congress power enact implementing legislation goes beyond direct prohibitions constitution justice stevens argues subsequent divergence constitutional statutory standards moment view beer purport distinguish challenges brought constitution brought voting rights statute post opinion dissenting part concurring part citation white posits incorporated white standard exception nonretrogressive apportionments violate whether standard continued coincide constitutional standard essence justice stevens reads beer creating exception nonretrogressive apportionments discriminate basis race color violate federal law happens coincide amounted constitutional violation reading flatly contradicts plain language exception recognized applies solely apportionments discriminat basis race color violate constitution beer supra emphasis added cited white embodied current constitutional standard violation equal protection clause see also noting new orleans plan remotely approach violation constitutional standards enunciated white cited cases emphasis added white ceased represent current understanding constitution violation standard even though standard later incorporated longer constituted grounds denial preclearance beer appellants next claim must defer attorney general regulations interpreting act one instances attorney general concludes proposed submitted change free discriminatory purpose retrogressive effect also concludes bar implementation change necessary prevent clear violation amended section attorney general shall withhold section preclearance cfr portion house report cited justice stevens unambiguously call incorporation portion report many voting election practices currently effect outside scope existence voting rights act whether discriminatory practice procedure recent origin affects mechanism triggers relief litigation preclearance appellants final appeal notions public policy assert district attorney general examined whether covered jurisdiction redistricting plan violates time ruled preclearance need two separate actions judicial resources conserved appellants undoubtedly correct adopting interpretation serve judicial economy cases challenge follows proceeding always happen burden judicial resources might actually increase appellants position prevailed litigation effectively incorporated every proceeding appellants lastly argue preclearance equitable remedy obtained declaratory judgment action district see exercise attorney general discretion see cfr finding redistricting plan violates act contend equitable defense basis decision maker exercise equitable discretion free deny preclearance argument however attempt obtain equity law settled interpretation forbids well established ourts equity disregard statutory constitutional requirements provisions courts law ins pangilinan citing hedges dixon county argument must fail course attorney general private plaintiff remains free initiate proceeding either believes jurisdiction newly enacted voting qualification prerequisite standard practice procedure may violate section hold today preclearance may denied basis alone appellants next contend evidence showing jurisdiction redistricting plan dilutes voting power minorities see supra least relevant proceeding tends prove jurisdiction enacted plan discriminatory purpose district reasoning line blurred allowing defendant indirectly directly rejected argument held permit section evidence prove discriminatory purpose section ibid hold evidence may relevant establish jurisdiction intent retrogress say confidence district considered evidence proffered show board reapportionment plan dilutive vacate aspect district holding remand light conclusion leave open another day question whether purpose inquiry ever extends beyond search retrogressive intent see kentucky dept corrections thompson declining decide issue necessary decision reserving question particularly appropriate case squarely addressed decision parties briefs appeal see brief federal appellant brief appellant price et al brief appellee contrary justicestevens view see post opinion dissenting part concurring part necessarily assume board enacted jury plan nonretrogressive nevertheless discriminatory purpose existence purpose relevance issues decided remand although warrants denial preclearance covered jurisdiction voting change ha purpose effect denying abridging right vote account race color consistently interpreted language light purpose underlying insure voting procedure changes made lead retrogression position racial minorities beer accordingly adhered view effect violates retrogressive one beer city lockhart evidence relevant tendency make existence fact consequence determination action probable less probable without evidence fed rule evid observed arlington heights impact official action often probative action taken first place since people usually intend natural consequences actions thus jurisdiction enacts plan dilutive impact likely acted discriminatory intent dilute minority voting strength jurisdiction whose plan impact jurisdiction acts intent dilute minority voting strength likely act intent worsen position minority voters intent retrogress jurisdiction acting intent dilute fact plan dilutive impact therefore makes probable jurisdiction adopting plan acted intent toretrogress without evidence sure link dilutive impact intent retrogress far direct basic standard relevance liberal one daubert merrell dow pharmaceuticals one think met evidence plan dilutive impact may relevant purpose inquiry course mean evidence dispositive inquiry fact previously observed jurisdiction single decision choose redistricting plan dilutive impact without suffice establish jurisdiction acted discriminatory purpose shaw hunt slip doubt showing discriminatory effect alone support claim discriminatory purpose true whether jurisdiction chose dilutive plan better comported traditional districting principles see miller johnson slip rejecting argument jurisdiction failure adopt plan greatest possible number majority black districts establishes acted discriminatory purpose shaw supra slip chose plan reason indeed plan dilutive impact dispositive effectively incorporate result find unsatisfactory matter packaged see part ii supra discussion illustrates assessing jurisdiction motivation enacting voting changes complex task requiring sensitive inquiry circumstantial direct evidence may available arlington heights conducting inquiry courts look decision arlington heights guidance set forth framework analyzing whether invidious discriminatory purpose wasa motivating factor government body decision making ibid addition serving framework examining discriminatory purpose cases brought equal protection clause two decades see shaw reno citing arlington heights standard context equal protection clause challenge racial gerrymander districts rogers moore evaluating vote dilution claim equal protection clause using arlington heights test mobile arlington heights framework also used least part evaluate purpose previous cases see pleasant grove considering city history rejecting annexation black neighborhood departure normal procedures calculating costs annexation alternatives see also busbee smith supp dc summarily aff referring arlington heights test port arthur supp aff important starting point assessing discriminatory intent arlington heights impact official action whether bears heavily one race another citing washington davis case impact might include plan retrogressive effect reasons discussed dilutive impact considerations relevant purpose inquiry include among things historical background jurisdiction decision specific sequence events leading challenged decision epartures normal procedural sequence legislative administrative history especially contemporary statements members decisionmaking body unable determine district opinion case whether deemed irrelevant evidence dilutive impact redistricting plan adopted board one point district correctly stated adoption one nonretrogressive plan rather another nonretrogressive plan contains majority black districts give rise inference discriminatory intent emphasis added passage implies district believed existence less dilutive options least relevant though dispositive purpose inquiry language consistent holding today see supra district also declared permit section evidence prove discriminatory purpose section ibid statement district appears endorse notion evidence dilutive impact irrelevant even inquiry retrogressive intent notion reject see supra board contends district actually presumed white majority districts dilutive effect brief appellee cut directly dispositive question started existence dilutive impact board legitimate nondiscriminatory motives adopting plan even board correct district gave indication assuming plan dilutive effect hesitate attribute district rationale might employed satisfied district considered evidence dilutive impact board redistricting plan vacate aspect district opinion district opportunity apply arlington heights test remand well address appellants additional arguments erred refusing consider evidence board inviolation ongoing injunction remedy remaining vestiges dual school system judgment district vacated case remanded proceedings consistent decision ordered nos janet reno attorney general appellant bossier parish school board et al george price et appellants appeals district district columbia may justice stevens justice souter joins view plan clearly violates entitled preclearance voting rights act majority contrary view allow attorney general place stamp approval state action clear violation federal law astonishing congress commanded fact ever congress issued command surely command found text voting rights act moreover fair review text thelegislative history amendment act indicates congress intended attorney general deny preclearance whenever clear new voting practice prohibited mean must make independent inquiry possible violations whenever request preclearance made simply means regulations provide must refuse preclearance necessary prevent clear violation amended section cfr course well settled attorney general must refuse preclear new election procedure covered jurisdiction lead retrogression inthe position racial minorities respect effective exercise electoral franchise beer retrogressive effect retrogressive purpose sufficient basis denying preclearance request today however holds retrogression kind effect justify denial preclearance ante assumes purpose inquiry never extends beyond search retrogressive intent ante agree action must remanded even miserly interpretation disagree concerned retrogressive effects purposes explaining disagreement think important emphasize three factual predicates underlie analysis issues first assume plan submitted board retrogressive make matters worse past none districts ever black majority black person never elected bossier parish school board board app juris statement second majority district found even clear violations must precleared thus found unnecessary discuss whether violated action may assume record discloses clear violation means language perfectly clear political processes leading nomination election positions board equally open participation members african american race members less opportunity members electorate elect representatives choice third correct assuming purpose inquiry may limited evidence retrogressive intent must also willing assume documents submitted support request preclearance clearly establish plan adopted specific purpose preventing african americans obtaining representation board indeed purpose analyzing legal issues must assume judge kessler concurring part dissenting part accurately summarized evidence wrote evidence case demonstrates overwhelmingly school board decision adopt police jury redistricting plan motivated discriminatory purpose adoption police jury plan bears heavily black community denies members reasonable opportunity elect candidate choice history discrimination bossier school system parish demonstrates board continued refusal address concerns black community bossier parish sequence events leading adoption plan illustrate board discriminatory purpose school board substantive departures traditional districting principles similarly probative discriminatorymotive three school board members acknowledged board hostile black representation moreover purported rationales school board decision flat untrue others glaringly inconsistent facts case obviously pretexts supp cadc voting rights act congress enacted complex scheme remedies racial discrimination voting originally enacted act uncontroversial provision simply restated prohibitions discrimination already contained fifteenth amendment mobile bolden plurality opinion like constitutional prohibitions discriminatory districting practices invalidated cases like gomillion lightfoot white regester made applicable every state political subdivision country section hand highly controversial imposed novel extraordinary remedies certain areas discrimination flagrant see south carolina katzenbach jurisdictions like bossierparish louisiana covered history discrimination african americans matter special concern congress jurisdictions resorted various strategies avoid complying orders remedy discrimination congress reason suppose might try similar maneuvers future order evade remedies voting discrimination contained act thus congress enacted maintain discriminatory status quo stay ahead efforts resistant jurisdictions undermine act purpose rid ding country racial discrimination heart act complex scheme stringent remedies aimed areas voting discrimination flagrant areas country lacking history pervasive discrimination congress presumed voting practices generally lawful accordingly burden proving violation always rested party challenging voting practice situation dramatically different covered jurisdictions jurisdictions flatly prohibits adoption new voting procedure unless state political subdivision institutes action federal district district columbia obtains declaratory judgment change discriminatory purpose effect see burden proving compliance act rests jurisdiction proviso gives attorney general authority allow new procedure go effect like immigration statutes give broad discretion waive deportation undesirable aliens expressly impose limit discretion refuse preclearance see ibid attorney general discretion however cabined regulations presumptively valid reasonable notconflict voting rights act georgia regulations provide preclearance generally granted proposed change free discriminatory purpose retrogressive effect also provide however instances attorney general concludes bar implementation change necessary prevent clear violation amended section preclearance shall withheld basis speculation litigants routinely ante employ year old regulation make compliance contingent upon compliance ante regulations require jurisdiction assume burden proving absence vote dilution see ante merely preclude preclearance necessary prevent clear violation section burden ofdisproving discriminatory purpose retrogressive effect submitting jurisdiction attorney general conclusion change clearly violate challenged burden issue challenge rest attorney general suggest regulation inconsistent text persuasive since language forbids preclearance voting practice purpose effect denying abridging right vote account race color instead rests entire analysis flawed premise cases hold change even otherwise unlawful effect prohibited unless effect retrogressive two cases relies beer city lockhart hold current regulations provide proof change retrogressive normally sufficient justify preclearance neither case however confronted question whether showing sufficient theproposed change discriminatory clearly violated federal law fact beer held legislative reapportionment enhancing position african american voters discriminatory effect stated ameliorative new legislative apportionment violate unless new apportionment discriminates basis race color violate constitution thus extent beer addressed question suggested certain nonretrogressive changes nevertheless discriminatory precleared discounts significance unless clause refers constitutional violation rather statutory violation according reading beer dictum precludes preclearance changes violate constitution rather changes violate argument unpersuasive majority notes beer cites white regester found unconstitutional reapportionment scheme gave african american residents less opportunity residents district participate political processes elect legislators choice beer decided standard coextensive constitutional standard beer purport distinguish challenges brought constitution brought statute rather beer dictum suggests changes violate standardestablished white regester precleared recognizes ante law changed two respects since announcement beer dictum perceived congress change standard applied white regester plurality concluded discriminatory purpose essential element constitutional vote dilution challenge see mobile bolden reaction decision congress amended placing statute language used white opinion describe commonly known results standard evaluating vote dilution challenges see stat codified thornburg gingles thus congress preserved matter statutory law standard identified beer exception general rule requiring pre clearance nonretrogressive changes beer required denial preclearance voting plans violated white standard follows congress preserving white standard intended also attorney general continue refuse preclear plans violating standard intent confirmed legislative history act senate report rule beer voting change ameliorative objectionable unless change discriminates basis race color violate constitution see also citing dilution cases fortson dorsey white regester light amendment section intended section objection also follow new voting procedure discriminates violate section despite strong evidence congress intent majority holds deference attorney general regulation warranted suggests congress wished alter longstanding interpretation congress made clear ante nothing settled interpretation ante inconsistent attorney general reading statute contrary precedent actually indicates nonretrogressive plans otherwise discriminatory white regester precleared neither language legislative history said conflict view changes clearly violate entitled preclearance legitimate basis refusing defer attorney general regulation see presley etowah county part iii opinion correctly concludes action must remanded proceedings district erroneously refused consider certain evidence arguably relevant towhether board proved absence discriminatory purpose appears satisfied disputed evidence may probative intent retrogress concludes unnecessary decide whether purpose inquiry ever extends beyond search retrogressive intent ante two reasons think unwise reverse narrow ground first agree justice breyer see ante simply basis imposing limitation purpose inquiry none cases held purpose test limited retrogressive intent pleasant grove instance found city failed prove annexation certain white areas lacked discriminatory purpose despite fact annexation lacked retrogressive effect found subject preclearance ibid see also powell dissenting contending majority erred holding discriminatory purpose found even though intent retrogressive effect furthermore limiting purpose inquiry retrogressive intent inconsistent basic purpose act assume example record unambiguously disclosed long history deliberate exclusion african americans participating local elections including series changes adopted specific purpose maintaining status quo none changes motivated intent regress motivated discriminatory purpose term commonly understood given long settled understanding act enacted prevent covered jurisdictions contriving new rules various kinds sole purpose perpetuating voting discrimination south carolina katzenbach isinconceivable congress intended authorize preclearance changes adopted sole purpose perpetuating existing pattern discrimination second failure make point clear complicate task district remand takes narrow approach suggested another appeal surely follow majority ultimately agrees view issue another remand necessary hand district limit consideration evidence retrogressive intent therefore rules board respondents bring case back resolve issue definitively sum interest orderly procedure fact correct answer issue pellucidly clear sufficient persuade state definitively preclearance denied judge kessler evaluation record correct accordingly concur judgment insofar remands action proceedings dissent decision insofar fails authorize proceedings accordance views set forth footnotes together price et al bossier parish school board et also appeal originally enacted provided sec whenever state political subdivision respect prohibitions set forth section effect shall enact seek administer voting qualification prerequisite voting standard practice procedure respect voting different force effect november state subdivision may institute action district district columbia declaratory judgment qualification prerequisite standard practice procedure purpose effect denying abridging right vote account race color unless enters judgment person shall denied right vote failure comply qualification prerequisite standard practice procedure provided qualification prerequisite standard practice procedure may enforced without proceeding qualification prerequisite standard practice procedure submitted chief legal officer appropriate official state subdivision attorney general attorney general interposed objection within sixty days submission except neither attorney general failure object declara tory judgment entered section shall bar subsequent action enjoin enforcement qualification prerequisite standard practice procedure action section shall heard determined three judges accordance provisions section title code uscs appeal shall lie stat although majority district refused consider evidence relevant violation parties stipulations suggest plan violated instance parties stipulated long history discrimination black voters bossier parish see app juris statement voting bossier parish racially polarized see possible draw two majority black districts without violating traditional districting principles see section act sets forth formula identifying jurisdictions discrimination occurred see south carolina katzenbach title cfr provides consistency constitutional statutory requirements consideration general making determination attorney general consider whether change free discriminatory purpose retrogressive effect light particular attention given requirements amendments constitution sections act constitutional statutory provisions designed safeguard right vote denial abridgment account race color membership language minority group section preclearance section voting change preclude legal action section attorney general implementation change subsequently demonstrates action appropriate instances attorney general concludes proposed submitted change free discriminatory purpose retrogressive effect also concludes bar implementation change necessary prevent clear violation amended section attorney general shall withhold section preclearance thus agree courts found jurisdiction required prove proposed change violate order receive preclearance see arizona reno supp dc although several three judge district courts concluded standards incorporated none held preclearance granted clear violation rather appear simply determined inquiry routinely required case see georgia reno supp dc new york supp dc cf burton sheheen supp sc holding although courts obligated completely graft standards onto incongruous adopt plan comport standards guidelines lockhart disavowed reliance ameliorative character change reviewed beer see left open question whether congress altered beer standard amended said nothing possible significance violation constitutional statutory prohibition vote dilution response dissent majority contends beer allows denial preclearance changes violate constitution see ante thus majority apparently concedes settled interpretation ante supports denial preclearance least nonretrogressive changes amended version tracks language white regester postenactment legislative record also supports attorney general interpretation attorney general first proposed regulations requiring denial preclearance based upon violation section clear convincing evidence violation fed reg congress held oversight hearings several witnesses including assistant attorney general civil rights division testified clear violations precleared see oversight hearings subcommittee civil constitutional rights house committee judiciary proposed changes regulations governing section voting rights act following hearings house judiciary subcommittee civil constitutional rights issued report concluded proper interpretation legislative history amendments use section course making section determinations subcommittee civil constitutional rights house committee judiciary voting rights act proposed section regulations ser comm print although history provide direct evidence enacting congress intent constitute informed expert opinion concerning validity attorney general regulation