city
rome
argued
october
decided
april
appellant
city
rome
made
certain
changes
electoral
system
including
provisions
majority
rather
plurality
vote
nine
members
city
commission
three
numbered
posts
within
three
reduced
nine
wards
staggered
terms
commissioners
members
board
education
ward
requirement
members
board
reside
wards
elected
addition
city
made
annexations
november
february
section
voting
rights
act
act
requires
preclearance
attorney
general
district
district
columbia
change
standard
practice
procedure
respect
voting
made
november
jurisdictions
fall
within
coverage
formula
set
forth
act
section
provides
attorney
general
may
clear
voting
practice
purpose
effect
denying
abridging
right
vote
account
race
color
georgia
designated
covered
jurisdiction
municipalities
state
accordingly
must
comply
preclearance
procedure
eventually
first
failed
rome
submitted
annexations
electoral
changes
preclearance
attorney
general
declined
preclear
electoral
changes
concluding
city
rome
population
predominately
white
racial
bloc
voting
common
electoral
changes
deprive
negro
voters
opportunity
elect
candidate
choice
attorney
general
also
refused
preclear
annexations
finding
city
carried
burden
proving
disapproved
annexations
dilute
negro
vote
subsequently
however
response
city
motion
reconsideration
attorney
general
agreed
preclear
annexations
board
education
elections
still
refused
preclear
city
commission
elections
city
two
officials
filed
declaratory
judgment
action
district
district
columbia
seeking
relief
act
based
variety
claims
rejected
city
arguments
granted
summary
judgment
defendants
finding
disapproved
electoral
changes
annexations
made
discriminatory
purpose
discriminatory
effect
refused
allow
city
bail
act
coverage
pursuant
allows
covered
jurisdiction
escape
preclearance
requirement
bringing
declaratory
judgment
action
proving
test
device
used
jurisdiction
years
preceding
filing
action
purpose
effect
denying
abridging
right
vote
account
race
color
held
city
may
use
bailout
procedure
terms
issue
depends
whether
city
either
state
respect
determinations
made
political
subdivision
respect
determinations
made
separate
unit
city
fails
meet
definition
either
term
since
coverage
formula
never
applied
city
comes
within
act
part
covered
state
hence
bailout
action
exempt
city
must
filed
seek
exempt
state
moreover
legislative
history
precludes
arguments
bailout
procedure
made
available
covered
state
also
implicitly
made
available
political
units
state
pp
period
attorney
general
regulation
requiring
requests
reconsideration
refusal
preclear
electoral
changes
decided
within
days
receipt
commences
anew
submitting
jurisdiction
deems
initial
submission
reconsideration
motion
inadequate
decides
supplement
thus
city
less
days
prior
attorney
general
decision
city
reconsideration
motion
submitted
accord
affidavits
supplement
motion
attorney
general
response
timely
contrary
ruling
period
ran
continuously
date
initial
submission
reconsideration
motion
mean
attorney
general
cases
unable
give
adequate
consideration
materials
submitted
piecemeal
fashion
might
able
respond
denying
reconsideration
motion
pp
describing
elements
discriminatory
purpose
effect
conjunctive
congress
plainly
intended
voting
practice
precleared
unless
discriminatory
purpose
effect
absent
furthermore
congress
recognized
extended
act
another
seven
years
pp
act
exceed
congress
power
enforce
fifteenth
amendment
amendment
congress
may
prohibit
practices
violate
amendment
long
prohibitions
attacking
racial
discrimination
voting
appropriate
act
ban
electoral
changes
discriminatory
effect
appropriate
method
promoting
fifteenth
amendment
purposes
even
assumed
prohibits
intentional
discrimination
voting
south
carolina
katzenbach
congress
rationally
concluded
electoral
changes
jurisdictions
demonstrable
history
intentional
racial
discrimination
voting
create
risk
purposeful
discrimination
proper
prohibit
changes
discriminatory
impact
pp
act
violate
principles
federalism
principles
federalism
might
otherwise
obstacle
congressional
authority
necessarily
overridden
power
enforce
civil
war
amendments
appropriate
legislation
fitzpatrick
bitzer
amendments
specifically
designed
expansion
federal
power
intrusion
state
sovereignty
accordingly
congress
authority
regulate
state
local
voting
provisions
act
pp
merit
appellants
contention
act
preclearance
requirement
outlived
usefulness
congress
extended
act
another
seven
years
view
congress
considered
determination
least
another
seven
years
statutory
remedies
necessary
counter
perpetuation
years
pervasive
voting
discrimination
extension
act
plainly
constitutional
method
enforcing
fifteenth
amendment
pp
merit
individual
appellants
argument
elections
held
appellant
city
since
first
fifth
ninth
tenth
amendment
rights
private
citizens
city
abridged
circumstances
upon
attorney
general
refusal
preclear
electoral
changes
city
conducted
elections
prior
electoral
scheme
city
failure
hold
elections
attributed
officials
operation
act
pp
district
findings
city
failed
prove
electoral
changes
annexations
disapproved
attorney
general
discriminatory
effect
clearly
erroneous
pp
marshall
delivered
opinion
burger
brennan
white
blackmun
stevens
joined
blackmun
post
stevens
post
filed
concurring
opinions
powell
filed
dissenting
opinion
post
rehnquist
filed
dissenting
opinion
stewart
joined
post
robert
brinson
argued
cause
appellants
briefs
william
sumner
joseph
dorn
deputy
solicitor
general
wallace
argued
cause
appellees
brief
solicitor
general
mccree
assistant
attorney
general
days
elinor
hadley
stillman
brian
landsberg
walter
barnett
mildred
matesich
mark
gross
briefs
amici
curiae
urging
reversal
filed
summer
attorney
general
jerris
leonard
state
mississippi
ronald
zumbrun
john
findley
raymond
momboisse
pacific
legal
foundation
justice
marshall
delivered
opinion
issue
case
constitutionality
voting
rights
act
applicability
electoral
changes
annexations
made
city
rome
ga
declaratory
judgment
action
brought
appellant
city
rome
municipality
northwestern
georgia
voting
rights
act
stat
amended
et
seq
city
population
racial
composition
white
negro
population
white
negro
governmental
structure
city
established
charter
enacted
general
assembly
georgia
amendments
issue
case
rome
city
charter
provided
city
commission
board
education
elected
concurrently
basis
plurality
vote
city
divided
nine
wards
one
city
commissioner
ward
chosen
citywide
election
residency
requirement
board
education
candidates
general
assembly
georgia
passed
several
laws
local
application
extensively
amended
electoral
provisions
city
charter
enactments
altered
rome
electoral
scheme
following
ways
number
wards
reduced
nine
three
nine
commissioners
henceforth
elected
one
three
numbered
posts
established
within
ward
commissioner
elected
majority
rather
plurality
vote
candidate
particular
position
received
majority
runoff
election
held
two
candidates
received
largest
number
votes
terms
three
commissioners
ward
staggered
board
education
expanded
five
six
members
board
member
elected
large
majority
vote
one
two
numbered
posts
created
three
wards
runoff
procedures
identical
applicable
city
commission
elections
board
members
required
reside
wards
elected
terms
two
members
ward
staggered
section
voting
rights
act
requires
preclearance
attorney
general
district
district
columbia
change
standard
practice
procedure
respect
voting
made
november
jurisdictions
fall
within
coverage
formula
set
forth
act
attorney
general
designated
georgia
covered
jurisdiction
act
fed
reg
municipalities
state
must
therefore
comply
preclearance
procedure
board
commissioners
sheffield
disputed
changes
rome
electoral
system
within
purview
act
allen
state
board
elections
nonetheless
city
failed
seek
preclearance
addition
city
seek
preclearance
annexations
made
november
february
even
though
required
annexation
constitutes
change
standard
practice
procedure
respect
voting
act
perkins
matthews
june
city
submit
one
annexation
attorney
general
preclearance
attorney
general
discovered
annexations
occurred
response
inquiries
city
submitted
annexations
electoral
changes
preclearance
attorney
general
declined
preclear
provisions
majority
vote
numbered
posts
staggered
terms
city
commission
board
education
elections
well
residency
requirement
board
elections
concluded
city
rome
population
predominately
white
racial
bloc
voting
common
electoral
changes
deprive
negro
voters
opportunity
elect
candidate
choice
attorney
general
also
refused
preclear
annexations
question
found
disapproved
annexations
either
contained
predominately
white
populations
significant
size
near
predominately
white
areas
zoned
residential
subdivision
development
considering
factors
light
rome
electoral
scheme
history
racial
bloc
voting
determined
city
carried
burden
proving
annexations
dilute
negro
vote
response
city
motion
reconsideration
attorney
general
agreed
clear
annexations
school
board
elections
reasoned
disapproval
voting
changes
resurrected
electoral
scheme
revivified
scheme
passed
muster
act
time
refused
clear
annexations
city
commission
elections
view
residency
requirement
city
commission
contained
electoral
procedures
discriminatory
effect
city
two
officials
filed
action
seeking
relief
act
based
variety
claims
convened
pursuant
rejected
city
arguments
granted
summary
judgment
defendants
supp
dc
noted
probable
jurisdiction
affirm
ii
must
first
address
appellants
assertion
two
reasons
may
avoid
reaching
merits
action
appellants
contend
city
may
exempt
coverage
act
evaluate
argument
must
examine
provisions
act
detail
section
act
requires
covered
jurisdiction
wishes
enact
standard
practice
procedure
respect
voting
different
force
effect
november
must
seek
preclearance
attorney
general
district
district
columbia
stat
amended
section
act
stat
amended
provides
preclearance
requirement
applicable
state
attorney
general
determined
qualifies
coverage
formula
political
subdivision
respect
determinations
made
separate
unit
noted
city
rome
comes
within
preclearance
requirement
political
unit
covered
jurisdiction
state
georgia
board
commissioners
sheffield
section
also
provides
however
procedure
exemption
act
bailout
provision
allows
covered
jurisdiction
escape
preclearance
requirement
bringing
declaratory
judgment
action
panel
district
district
columbia
proving
test
device
used
jurisdiction
seventeen
years
preceding
filing
action
purpose
effect
denying
abridging
right
vote
account
race
color
district
refused
allow
city
bail
act
coverage
holding
political
units
covered
jurisdiction
independently
bring
bailout
action
agree
terms
issue
turns
whether
city
bailout
purposes
either
state
respect
determinations
made
third
sentence
subsection
section
political
subdivision
respect
determinations
made
separate
unit
determinations
instance
attorney
general
decision
whether
jurisdiction
falls
within
coverage
formula
face
statute
city
fails
meet
definition
either
term
since
coverage
formula
never
applied
rather
city
comes
within
act
part
covered
state
plain
language
statute
appears
bailout
action
exempt
city
must
filed
seek
exempt
state
georgia
appellants
seek
avoid
conclusion
relying
decision
board
commissioners
sheffield
supra
decision
however
even
discuss
bailout
process
sheffield
held
attorney
general
determines
state
falls
within
coverage
formula
political
unit
state
must
preclear
new
voting
procedures
regardless
whether
unit
registers
voters
therefore
otherwise
come
within
act
political
subdivision
holding
necessarily
determined
scope
geographic
territorial
thus
entire
state
covered
irrelevant
whether
political
units
might
otherwise
come
political
subdivisions
sheffield
hold
cities
rome
political
subdivisions
thus
decision
case
way
inconsistent
conclusion
express
statutory
language
city
political
subdivision
purposes
bailout
sheffield
suggest
municipality
covered
state
state
purposes
exemption
procedure
sheffield
held
based
structure
purposes
act
legislative
history
contemporaneous
interpretation
attorney
general
ambiguities
resolved
holding
preclearance
requirement
electoral
changes
covered
state
reached
changes
made
political
units
state
see
contrast
case
legislative
history
precludes
argument
bailout
procedure
made
available
covered
state
also
implicitly
made
available
political
units
state
house
committee
report
stated
opportunity
obtain
exemption
afforded
subdivisions
formula
determined
apply
separate
unit
subdivisions
within
state
covered
formula
afforded
opportunity
separate
exemption
also
view
entire
state
covered
test
device
prohibition
section
must
able
lift
prohibition
part
relieved
requirements
section
pt
appellants
next
argue
electoral
changes
precleared
allegedly
tardy
action
attorney
general
may
city
asked
attorney
general
reconsider
refusal
preclear
electoral
changes
annexations
july
upon
accord
city
submitted
two
additional
affidavits
attorney
general
denied
motion
reconsider
august
section
act
provides
attorney
general
must
interpose
objections
original
submissions
within
days
filing
attorney
general
fails
make
timely
objection
voting
practices
submitted
become
fully
enforceable
regulation
attorney
general
provided
requests
reconsideration
shall
also
decided
within
days
receipt
cfr
present
case
period
reconsideration
computed
running
continuously
may
date
initial
submission
reconsideration
motion
period
expired
attorney
general
made
august
response
contrast
period
measured
july
date
city
supplemented
request
attorney
general
response
timely
timing
provisions
act
regulations
silent
effect
supplements
requests
reconsideration
agree
attorney
general
purposes
act
implementing
regulations
furthered
period
provided
cfr
interpreted
commence
anew
additional
information
supplied
submitting
jurisdiction
accord
logic
georgia
indicates
government
approach
fully
comports
act
regulations
case
examined
regulation
attorney
general
cfr
provided
mandatory
period
consideration
original
submissions
tolled
whenever
attorney
general
finds
necessary
request
additional
information
submitting
jurisdiction
regulation
period
commences
anew
jurisdiction
question
furnishes
requested
information
attorney
general
upheld
regulation
holding
wholly
reasonable
consistent
act
georgia
stands
proposition
purposes
act
furthered
information
relevant
submission
placed
attorney
general
attorney
general
accorded
full
period
provided
law
make
difficult
complex
decision
follows
submitting
jurisdiction
deems
initial
submission
reconsideration
motion
inadequate
decides
supplement
city
rome
present
case
period
cfr
commenced
anew
contrary
ruling
mean
attorney
general
cases
unable
give
adequate
consideration
materials
submitted
piecemeal
fashion
circumstances
attorney
general
might
able
respond
denying
reconsideration
motion
result
run
counter
purposes
act
regulations
since
penalize
submitting
jurisdictions
legitimate
reasons
file
supplementary
materials
iii
appellants
raise
five
issues
law
support
contention
act
may
properly
applied
electoral
changes
annexations
disapproved
attorney
general
district
found
disapproved
electoral
changes
annexations
made
discriminatory
purpose
discriminatory
effect
appellants
argue
act
may
read
prohibiting
voting
practices
discriminatory
effect
appellants
dispute
plain
language
commands
attorney
general
may
clear
practice
purpose
effect
denying
abridging
right
vote
account
race
color
emphasis
added
describing
elements
discriminatory
purpose
effect
conjunctive
congress
plainly
intended
voting
practice
precleared
unless
discriminatory
purpose
effect
absent
decisions
consistently
interpreted
fashion
beer
city
richmond
georgia
supra
perkins
matthews
furthermore
congress
recognized
act
prohibited
discriminatory
purpose
effect
extended
act
another
seven
years
pp
hereinafter
pp
hereinafter
appellants
urge
abandon
settled
interpretation
view
extent
prohibits
voting
changes
discriminatory
effect
unconstitutional
statutory
meaning
congressional
intent
plain
however
required
reject
appellants
suggestion
engage
saving
construction
avoid
constitutional
issues
raise
see
nlrb
catholic
bishop
chicago
brennan
dissenting
instead
turn
constitutional
contentions
congress
passed
act
authority
accorded
fifteenth
amendment
appellants
contend
act
unconstitutional
exceeds
congress
power
enforce
amendment
claim
amendment
prohibits
purposeful
racial
discrimination
voting
enforcing
provision
pursuant
congress
may
prohibit
voting
practices
lacking
discriminatory
intent
even
discriminatory
effect
hold
even
amendment
prohibits
purposeful
discrimination
prior
decisions
foreclose
argument
congress
may
pursuant
outlaw
voting
practices
discriminatory
effect
appellants
asking
us
nothing
less
overrule
decision
south
carolina
katzenbach
upheld
constitutionality
act
case
observed
making
extensive
investigation
congress
determined
earlier
attempts
remedy
insidious
pervasive
evil
racial
discrimination
voting
failed
unremitting
ingenious
defiance
constitution
parts
country
adjudication
proved
ponderous
method
remedy
voting
discrimination
produced
favorable
results
affected
jurisdictions
often
merely
switched
discriminatory
devices
covered
federal
decrees
response
determination
sterner
elaborate
measures
necessary
congress
adopted
act
complex
scheme
stringent
remedies
aimed
areas
voting
discrimination
flagrant
turned
question
whether
fifteenth
amendment
empowered
congress
impose
rigors
act
upon
covered
jurisdictions
examined
interplay
judicial
remedy
created
amendment
legislative
authority
conferred
adding
authorization
framers
indicated
congress
chiefly
responsible
implementing
rights
created
power
congress
enlarged
congress
authorized
enforce
prohibitions
appropriate
legislation
legislation
contemplated
make
civil
war
amendments
fully
effective
ex
parte
virginia
accordingly
addition
courts
congress
full
remedial
powers
effectuate
constitutional
prohibition
racial
discrimination
voting
emphasis
original
whatever
legislation
appropriate
adapted
carry
objects
civil
war
amendments
view
whatever
tends
enforce
submission
prohibitions
contain
secure
persons
enjoyment
perfect
equality
civil
rights
equal
protection
laws
state
denial
invasion
prohibited
brought
within
domain
congressional
power
ex
parte
virginia
south
carolina
katzenbach
supra
treatment
south
carolina
katzenbach
act
ban
literacy
tests
demonstrates
fifteenth
amendment
congress
may
prohibit
voting
practices
discriminatory
effect
earlier
held
lassiter
northampton
county
board
elections
use
literacy
test
fair
face
employed
discriminatory
fashion
violate
fifteenth
amendment
upholding
act
per
se
ban
tests
south
carolina
katzenbach
found
reason
overrule
lassiter
instead
recognized
prohibition
appropriate
method
enforcing
fifteenth
amendment
many
years
covered
jurisdictions
imposed
tests
effect
voting
discrimination
continued
use
even
nondiscriminatory
fairly
administered
literacy
tests
freeze
effect
past
discrimination
allowing
white
illiterates
remain
voting
rolls
excluding
illiterate
negroes
south
carolina
katzenbach
supra
holding
makes
clear
congress
may
authority
fifteenth
amendment
prohibit
state
action
though
violative
perpetuates
effects
past
discrimination
decisions
also
recognize
congress
broad
power
enforce
civil
war
amendments
katzenbach
morgan
held
legislation
enacted
authority
fourteenth
amendment
upheld
long
find
enactment
plainly
adapted
end
enforcing
equal
protection
clause
prohibited
consistent
letter
spirit
constitution
regardless
whether
practices
outlawed
congress
violated
equal
protection
clause
quoting
mcculloch
maryland
supra
stated
orrectly
viewed
positive
grant
legislative
power
authorizing
congress
exercise
discretion
determining
whether
legislation
needed
secure
guarantees
fourteenth
amendment
four
years
later
oregon
mitchell
unanimously
upheld
provision
voting
rights
act
amendments
pub
stat
imposing
nationwide
ban
literacy
tests
similar
requirements
registering
vote
state
federal
elections
concluded
congress
rationally
determined
provisions
appropriate
methods
attacking
perpetuation
earlier
purposeful
racial
discrimination
regardless
whether
practices
prohibited
discriminatory
effect
see
opinion
black
opinion
douglas
opinion
harlan
opinion
brennan
white
marshall
jj
opinion
stewart
joined
burger
blackmun
clear
fifteenth
amendment
congress
may
prohibit
practices
violate
amendment
long
prohibitions
attacking
racial
discrimination
voting
appropriate
term
defined
mcculloch
maryland
ex
parte
virginia
present
case
hold
act
ban
electoral
changes
discriminatory
effect
appropriate
method
promoting
purposes
fifteenth
amendment
even
assumed
amendment
prohibits
intentional
discrimination
voting
congress
rationally
concluded
electoral
changes
jurisdictions
demonstrable
history
intentional
racial
discrimination
voting
create
risk
purposeful
discrimination
proper
prohibit
changes
discriminatory
impact
see
south
carolina
katzenbach
oregon
mitchell
supra
opinion
harlan
find
reason
disturb
congress
considered
judgment
banning
electoral
changes
discriminatory
impact
effective
method
preventing
undo
ing
defeat
ing
rights
recently
negroes
beer
quoting
appellants
next
assert
even
fifteenth
amendment
authorized
congress
enact
voting
rights
act
legislation
violates
principles
federalism
articulated
national
league
cities
usery
contention
necessarily
supposes
national
league
cities
signifies
retreat
decision
south
carolina
katzenbach
supra
rejected
argument
act
exceed
powers
congress
encroach
es
area
reserved
constitution
determined
reserved
powers
congress
may
use
rational
means
effectuate
constitutional
prohibition
racial
discrimination
voting
contrary
find
inconsistency
decisions
national
league
cities
held
federal
legislation
regulating
minimum
wages
hours
constitutionally
extended
employees
state
local
governments
determined
commerce
clause
provide
congress
authority
enact
legislation
directly
displac
ing
freedom
structure
integral
operations
areas
traditional
governmental
functions
held
included
relationships
programs
traditionally
conducted
decision
national
league
cities
based
solely
assessment
congressional
power
commerce
clause
explicitly
reserved
question
whether
different
results
might
obtain
congress
seeks
affect
integral
operations
state
governments
exercising
authority
granted
sections
constitution
fourteenth
amendment
answer
question
came
four
days
later
fitzpatrick
bitzer
case
presented
issue
whether
spite
eleventh
amendment
congress
authority
bring
employers
within
coverage
title
vii
civil
rights
act
et
provide
successful
plaintiffs
recover
retroactive
monetary
relief
held
extension
title
vii
appropriate
method
enforcing
fourteenth
amendment
think
eleventh
amendment
principle
state
sovereignty
embodies
necessarily
limited
enforcement
provisions
fourteenth
amendment
section
congress
expressly
granted
authority
enforce
appropriate
legislation
substantive
provisions
fourteenth
amendment
embody
significant
limitations
state
authority
congress
acts
pursuant
exercising
legislative
authority
plenary
within
terms
constitutional
grant
exercising
authority
one
section
constitutional
amendment
whose
sections
terms
embody
limitations
state
authority
fitzpatrick
bitzer
supra
appellants
contend
alternative
even
act
preclearance
requirement
appropriate
means
enforcing
fifteenth
amendment
outlived
usefulness
congress
extended
act
another
seven
years
decline
invitation
overrule
congress
judgment
extension
warranted
considering
extension
congress
acknowledged
largely
result
act
negro
voter
registration
improved
dramatically
since
congress
determined
however
bleaker
side
picture
yet
exists
significant
disparity
persisted
percentages
whites
negroes
registered
least
several
covered
jurisdictions
addition
though
number
negro
elected
officials
increased
since
held
relatively
minor
positions
none
held
statewide
office
number
state
legislatures
fell
far
short
representative
number
negroes
residing
covered
jurisdictions
congress
concluded
minority
political
progress
act
though
undeniable
modest
spotty
extension
act
warranted
congress
gave
careful
consideration
propriety
readopting
preclearance
requirement
first
noted
recent
years
importance
provision
become
widely
recognized
means
promoting
preserving
minority
political
gains
covered
jurisdictions
examining
information
number
types
submissions
made
covered
jurisdictions
number
nature
objections
interposed
attorney
general
congress
determined
extended
another
seven
years
gave
provision
ringing
endorsement
recent
objections
entered
attorney
general
section
submissions
clearly
bespeak
continuing
need
preclearance
mechanism
registration
voting
minority
citizens
increases
sic
measures
may
resorted
dilute
increasing
minority
voting
strength
committee
convinced
largely
section
contributed
gains
thus
far
achieved
minority
political
participation
likewise
sect
serves
insure
progress
destroyed
new
procedures
techniques
time
remove
preclearance
protections
limited
fragile
success
must
forgotten
years
ratification
fifteenth
amendment
extended
right
vote
citizens
regardless
race
color
congress
found
racial
discrimination
voting
insidious
pervasive
evil
perpetuated
certain
parts
country
unremitting
ingenious
defiance
constitution
south
carolina
katzenbach
adopting
voting
rights
act
congress
sought
remedy
century
obstruction
shifting
advantage
time
inertia
perpetrators
evil
victims
ten
years
later
congress
found
extension
act
necessary
preserve
limited
fragile
achievements
act
promote
amelioration
voting
discrimination
viewed
light
congress
considered
determination
least
another
years
statutory
remedies
necessary
counter
perpetuation
years
pervasive
voting
discrimination
unsurprising
unassailable
extension
act
plainly
constitutional
method
enforcing
fifteenth
amendment
final
constitutional
challenge
act
individual
appellants
argue
elections
held
rome
since
first
fifth
ninth
tenth
amendment
rights
private
citizens
city
abridged
blaming
act
result
appellants
identify
wrong
culprit
act
restrict
private
political
expression
prevent
covered
jurisdiction
holding
elections
rather
simply
provides
elections
may
held
either
electoral
rules
effect
november
rules
adopted
since
time
properly
precleared
attorney
general
refused
preclear
city
electoral
changes
city
authority
conduct
elections
electoral
scheme
effect
november
indeed
attorney
general
offered
preclear
technical
amendments
city
charter
necessary
permit
elections
scheme
modification
scheme
consistent
act
circumstances
city
failure
hold
elections
attributed
officials
operation
act
iv
reaffirmed
holdings
south
carolina
katzenbach
act
appropriate
means
carrying
congress
constitutional
responsibilities
consonant
provisions
constitution
must
address
appellants
contentions
electoral
changes
annexations
disapproved
attorney
general
fact
discriminatory
effect
mindful
district
findings
fact
must
upheld
unless
clearly
erroneous
conclude
district
clearly
err
finding
city
failed
prove
electoral
changes
dilute
effectiveness
negro
vote
rome
district
determined
racial
bloc
voting
existed
rome
found
electoral
changes
elections
numbered
posts
staggered
terms
combined
presence
racial
bloc
voting
rome
majority
white
population
electoral
system
dilute
negro
voting
strength
district
recognized
system
negro
candidate
fair
opportunity
elected
plurality
vote
white
citizens
split
votes
among
several
white
candidates
negroes
engage
voting
favor
change
majority
election
scheme
significantly
decreased
opportunity
negro
candidate
since
even
gained
plurality
votes
general
election
still
face
white
candidate
runoff
election
given
bloc
voting
race
white
majority
severe
disadvantage
footnotes
omitted
district
conclusion
city
failed
prove
numbered
posts
staggered
terms
board
education
residency
provisions
effect
forcing
contests
negroes
whites
depriving
negroes
opportunity
elect
candidate
voting
likewise
clearly
erroneous
district
holdings
regarding
electoral
changes
consistent
statement
beer
purpose
always
insure
voting
procedure
changes
made
lead
retrogression
position
racial
minorities
respect
effective
exercise
electoral
process
district
also
found
city
failed
meet
burden
proving
disapproved
annexations
dilute
negro
vote
rome
city
argument
finding
clearly
erroneous
severely
undermined
fact
failed
present
evidence
shedding
meaningful
light
annexations
affected
vote
rome
negro
community
rome
failure
preclear
annexations
caused
delay
federal
review
placed
annexations
district
group
correct
concluding
cumulative
effect
annexations
must
examined
perspective
current
available
population
data
unfortunately
population
data
offered
city
quite
uninformative
city
present
evidence
current
general
population
population
rome
much
less
breakdown
population
category
race
record
reflect
current
information
regarding
city
registered
voters
record
indicate
number
negro
white
registered
voters
city
unclear
whether
figures
included
persons
residing
annexed
areas
dispute
certain
facts
clear
however
february
recent
date
population
data
compiled
whites
negroes
resided
disapproved
annexed
areas
persons
whites
negroes
voting
age
whites
negroes
registered
voters
must
assume
persons
moved
annexed
areas
outside
city
rather
within
preannexation
boundaries
city
since
city
bore
burden
proof
presented
evidence
contrary
district
properly
concluded
annexations
must
scrutinized
voting
rights
act
see
perkins
matthews
substantially
enlarging
city
number
white
eligible
voters
without
creating
corresponding
increase
number
negroes
annexations
reduced
importance
votes
negro
citizens
resided
within
preannexation
boundaries
city
circumstances
city
bore
burden
proving
electoral
system
fairly
reflects
strength
negro
community
exists
annexation
city
richmond
district
determination
city
failed
meet
burden
proof
city
commission
elections
based
presence
three
factors
electoral
system
residency
requirement
officeholders
high
degree
racial
bloc
voting
particularly
light
inadequate
evidence
introduced
city
determination
considered
clearly
erroneous
judgment
district
affirmed
ordered
footnotes
whenever
state
political
subdivision
respect
prohibitions
set
forth
section
title
based
upon
determinations
made
first
sentence
section
title
effect
shall
enact
seek
administer
voting
qualification
prerequisite
voting
standard
practice
procedure
respect
voting
different
force
effect
november
whenever
state
political
subdivision
respect
prohibitions
set
forth
section
title
based
upon
determinations
made
second
sentence
section
title
effect
shall
enact
seek
administer
voting
qualification
prerequisite
voting
standard
practice
procedure
respect
voting
different
force
effect
november
whenever
state
political
subdivision
respect
prohibitions
set
forth
section
title
based
upon
determinations
made
third
sentence
section
title
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
contravention
guarantees
set
forth
section
title
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
upon
good
cause
shown
facilitate
expedited
approval
within
sixty
days
submission
attorney
general
affirmatively
indicated
objection
made
neither
affirmative
indication
attorney
general
objection
made
attorney
general
failure
object
declaratory
judgment
entered
section
shall
bar
subsequent
action
enjoin
enforcement
qualification
prerequisite
standard
practice
procedure
event
attorney
general
affirmatively
indicates
objection
made
within
period
following
receipt
submission
attorney
general
may
reserve
right
submission
additional
information
comes
attention
remainder
period
otherwise
require
objection
accordance
section
action
section
shall
heard
determined
three
judges
accordance
provisions
section
title
appeal
shall
lie
entirety
set
forth
provides
assure
right
citizens
vote
denied
abridged
account
race
color
citizen
shall
denied
right
vote
federal
state
local
election
failure
comply
test
device
state
respect
determinations
made
first
two
sentences
subsection
section
political
subdivision
respect
determinations
made
separate
unit
unless
district
district
columbia
action
declaratory
judgment
brought
state
subdivision
determined
test
device
used
seventeen
years
preceding
filing
action
purpose
effect
denying
abridging
right
vote
account
race
color
provided
declaratory
judgment
shall
issue
respect
plaintiff
period
seventeen
years
entry
final
judgment
denial
declaratory
judgment
section
whether
entered
prior
august
determining
denials
abridgments
right
vote
account
race
color
use
tests
devices
occurred
anywhere
territory
plaintiff
citizen
shall
denied
right
vote
federal
state
local
election
failure
comply
test
device
state
respect
determinations
made
third
sentence
subsection
section
political
subdivision
respect
determinations
made
separate
unit
unless
district
district
columbia
action
declaratory
judgment
brought
state
subdivision
determined
test
device
used
ten
years
preceding
filing
action
purpose
effect
denying
abridging
right
vote
account
race
color
contravention
guarantees
set
forth
subsection
section
provided
declaratory
judgment
shall
issue
respect
plaintiff
period
ten
years
entry
final
judgment
denial
declaratory
judgment
section
whether
entered
prior
enactment
paragraph
determining
denials
abridgments
right
vote
account
race
color
contravention
guarantees
set
forth
subsection
section
use
tests
devices
occurred
anywhere
territory
plaintiff
action
pursuant
subsection
shall
heard
determined
three
judges
accordance
provisions
section
title
appeal
shall
lie
shall
retain
jurisdiction
action
pursuant
subsection
five
years
judgment
shall
reopen
action
upon
motion
attorney
general
alleging
test
device
used
purpose
effect
denying
abridging
right
vote
account
race
color
contravention
guarantees
set
forth
subsection
section
attorney
general
determines
reason
believe
test
device
used
seventeen
years
preceding
filing
action
first
sentence
subsection
purpose
effect
denying
abridging
right
vote
account
race
color
contravention
guarantees
set
forth
subsection
section
shall
consent
entry
judgment
attorney
general
determines
reason
believe
test
device
used
ten
years
preceding
filing
action
second
sentence
subsection
purpose
effect
denying
abridging
right
vote
account
race
color
contravention
guarantees
set
forth
subsection
section
shall
consent
entry
judgment
entirety
set
forth
provides
provisions
subsection
section
shall
apply
state
political
subdivision
state
attorney
general
determines
maintained
november
test
device
respect
director
census
determines
less
per
centum
persons
voting
age
residing
therein
registered
november
less
per
centum
persons
voted
presidential
election
november
august
addition
state
political
subdivision
state
determined
subject
subsection
section
pursuant
previous
sentence
provisions
subsection
section
shall
apply
state
political
subdivision
state
attorney
general
determines
maintained
november
test
device
respect
ii
director
census
determines
less
per
centum
persons
voting
age
residing
therein
registered
november
less
per
centum
persons
voted
presidential
election
november
august
addition
state
political
subdivision
state
determined
subject
subsection
section
pursuant
previous
two
sentences
provisions
subsection
section
shall
apply
state
political
subdivision
state
attorney
general
determines
maintained
november
test
device
respect
ii
director
census
determines
less
per
centum
citizens
voting
age
registered
november
less
per
centum
persons
voted
presidential
election
november
determination
certification
attorney
general
director
census
section
section
title
shall
reviewable
shall
effective
upon
publication
federal
register
section
act
set
forth
provides
phrase
test
device
shall
mean
requirement
person
prerequisite
voting
registration
voting
demonstrate
ability
read
write
understand
interpret
matter
demonstrate
educational
achievement
knowledge
particular
subject
possess
good
moral
character
prove
qualifications
voucher
registered
voters
members
class
section
act
set
forth
provides
term
political
subdivision
shall
mean
county
parish
except
registration
voting
conducted
supervision
county
parish
term
shall
include
subdivision
state
conducts
registration
voting
also
reject
appellants
argument
majority
vote
runoff
election
numbered
posts
provisions
city
charter
already
precleared
attorney
general
state
georgia
submitted
attorney
general
precleared
comprehensive
municipal
election
code
title
code
georgia
relevant
regulation
cfr
decisions
require
jurisdiction
unambiguous
recordable
manner
submit
legislation
regulation
question
directly
attorney
general
request
consideration
pursuant
act
allen
state
board
elections
attorney
general
afforded
adequate
opportunity
determine
purpose
electoral
changes
whether
adversely
affect
minority
voting
jurisdiction
see
board
commissioners
sheffield
standard
state
submission
viewed
submission
city
electoral
changes
district
noted
state
submission
informed
attorney
general
decision
defer
local
charters
ordinances
regarding
majority
voting
runoff
elections
numbered
posts
submit
unambiguous
recordable
manner
municipal
charter
provisions
written
amended
thereafter
regarding
issues
supp
dc
see
supra
regulation
provides
attorney
general
objects
submitted
change
affecting
voting
submitting
authority
seeking
reconsideration
objection
brings
additional
information
attention
attorney
general
attorney
general
shall
decide
within
days
receipt
request
reconsideration
provided
shall
least
days
following
conference
held
submitting
authority
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south
carolina
katzenbach
supra
recognized
preclearance
act
implicates
serious
federalism
concerns
justice
stevens
noted
sheffield
statute
encroachment
state
sovereignty
significant
undeniable
dissenting
opinion
encroachment
especially
troubling
destroys
local
control
means
one
central
values
polity
unless
federal
structure
provides
protection
community
ordering
democratic
procedures
right
community
determine
course
within
boundaries
marked
constitution
risk
preclearance
also
operates
individual
level
diminish
voting
rights
residents
covered
areas
federal
review
local
voting
practices
reduces
influence
citizens
policies
directly
affecting
strips
locally
elected
officials
autonomy
chart
policy
south
carolina
katzenbach
supra
lightly
approve
intrusions
federalism
individual
rights
upheld
imposition
preclearance
prophylactic
measure
based
remedial
power
congress
enforce
fifteenth
amendment
emphasized
preclearance
like
remedial
device
imposed
response
harm
congress
approved
act
observed
reliable
evidence
actual
voting
discrimination
great
majority
political
subdivisions
affected
new
remedies
act
since
coverage
formula
purported
identify
accurately
jurisdictions
engaged
voting
discrimination
imposition
preclearance
held
justified
least
absence
proof
state
local
government
free
substantial
voting
discrimination
recent
years
south
carolina
katzenbach
emphasized
however
government
subjected
preclearance
relieved
federal
oversight
voting
discrimination
fact
continue
materialize
prescribed
period
acknowledging
possibility
overbreadth
act
provides
termination
special
statutory
coverage
behest
political
subdivisions
danger
substantial
voting
discrimination
materialized
preceding
statutorily
defined
period
today
decrees
citizens
rome
direct
control
city
voting
practices
entire
state
georgia
free
act
restrictions
current
interpretation
word
state
georgia
establish
satisfied
standards
also
every
one
political
subdivisions
meets
criteria
outcome
makes
every
city
county
georgia
hostage
errors
even
deliberate
intransigence
single
subdivision
since
statute
enacted
one
state
succeeded
bailing
alaska
precedent
holds
little
hope
populous
georgia
demonstrating
right
bailout
alaska
people
political
subdivisions
state
people
subdivisions
far
cry
seeking
bailout
behalf
georgia
approximately
million
people
local
governments
today
ruling
therefore
seal
constitutionally
necessary
safety
valve
voting
rights
act
preclearance
requirement
enforces
presumption
voting
changes
certain
state
local
governments
presumption
restricted
governments
meeting
coverage
criteria
presumption
rebutted
proper
showing
bailout
suit
act
may
seen
south
carolina
katzenbach
saw
action
congress
limit
authority
fifteenth
amendment
governments
like
city
rome
may
bail
statute
oversteps
limits
reasons
reverse
judgment
district
iv
reason
believe
today
decision
protect
voting
rights
minorities
way
perhaps
case
viewed
one
ends
justify
dubious
analytical
means
district
found
one
denies
least
years
voting
discrimination
city
rome
despite
record
today
continues
federal
rule
local
decisions
made
small
city
georgia
outcome
must
vitiate
incentive
local
government
state
covered
act
meet
diligently
act
requirements
neither
framers
fifteenth
amendment
congress
enacted
voting
rights
act
intended
result
part
package
revisions
assembly
increased
board
education
five
six
members
eased
voter
registration
requirements
shifted
registration
responsibility
county
supp
dc
statistics
question
altogether
satisfactory
since
population
annexed
areas
must
compared
voter
registration
totals
given
city
voters
black
percentage
drops
adding
white
voters
black
voters
lived
annexed
areas
see
brief
appellees
district
also
noted
city
made
effort
upgrade
black
neighborhoods
subsidized
transit
system
predominantly
black
ridership
hired
number
blacks
skilled
supervisory
positions
municipal
government
opinion
simply
ignores
relevant
facts
averts
eyes
central
paradox
case
even
though
rome
met
every
criterion
established
voting
rights
act
protecting
political
rights
minorities
holds
city
must
remain
subject
preclearance
section
permits
two
methods
preclearance
local
government
may
ask
district
district
columbia
ruling
voting
change
acceptable
may
submit
change
attorney
general
accept
reject
within
days
administrative
procedure
used
almost
exclusively
since
takes
less
time
section
set
forth
provides
relevant
part
assure
right
citizens
vote
denied
abridged
account
race
color
citizen
shall
denied
right
vote
federal
state
local
election
failure
comply
test
device
state
respect
determinations
made
first
two
sentences
subsection
section
political
subdivision
respect
determinations
made
separate
unit
unless
district
district
columbia
action
declaratory
judgment
brought
state
subdivision
determined
test
device
used
seventeen
years
preceding
filing
action
purpose
effect
denying
abridging
right
vote
account
race
color
emphasis
supplied
state
political
subdivision
subject
act
director
census
finds
less
eligible
population
voted
last
presidential
election
attorney
general
determines
discriminatory
test
device
maintained
jurisdiction
determinations
unreviewable
trigger
application
preclearance
requirement
counties
choctaw
mccurtain
dc
may
two
counties
new
mexico
curry
mckinley
otero
counties
dc
july
three
counties
maine
dc
municipalities
plantations
wake
county
dc
one
county
elmore
county
idaho
dc
one
county
apache
navaho
coconino
counties
supp
dc
three
counties
three
counties
new
york
city
bailed
new
york
dc
apr
bailout
order
rescinded
two
years
later
district
found
state
conducted
elections
english
thereby
violating
act
new
york
dc
referring
torres
sachs
ces
sdny
summarily
aff
bailout
denied
one
action
involving
local
subdivision
gaston
county
three
dismissed
stipulation
parties
board
commissioners
el
paso
county
dc
yuba
county
cal
dc
may
nash
county
dc
construction
applies
political
subdivisions
defined
act
well
governments
like
rome
fall
within
statutory
definition
thus
sheffield
statutory
interpretation
subdivisions
covered
act
entitled
bail
constitutional
analysis
part
iii
infra
reaches
conclusion
view
narrower
focus
approach
statutory
constitutional
issues
raised
case
reach
broad
analysis
offered
justice
rehnquist
dissent
justices
expressed
concern
south
carolina
katzenbach
black
concurring
dissenting
allen
state
board
elections
harlan
concurring
part
dissenting
part
see
also
georgia
powell
dissenting
national
league
cities
usery
noted
political
subdivisions
derive
authority
power
respective
integrity
like
protected
principles
federalism
federal
system
allocates
primary
control
elections
state
local
officials
oregon
mitchell
opinion
black
opinion
harlan
lassiter
northampton
county
board
elections
emphasized
importance
democratic
society
preserving
local
control
local
matters
see
milliken
bradley
federal
control
local
schools
deprive
people
control
schools
elected
representatives
james
valtierra
local
referendum
public
housing
project
ensures
people
community
voice
decision
may
lead
large
expenditures
lower
tax
revenues
preservation
local
control
naturally
enough
involves
protecting
integrity
state
local
governments
see
national
league
cities
usery
supra
coyle
oklahoma
found
important
confirmation
rationality
coverage
formula
fact
evidence
recent
racial
discrimination
involving
tests
devices
subdivisions
exempted
preclearance
took
similar
approach
affirmed
temporary
suspension
literacy
tests
congress
oregon
mitchell
supra
entire
agreed
justice
black
view
congressional
action
justified
long
history
discriminatory
use
literacy
tests
disfranchise
voters
account
race
see
opinion
douglas
opinion
harlan
opinion
brennan
white
marshall
jj
opinion
stewart
history
supported
temporary
suspension
literacy
tests
still
use
see
opinion
douglas
without
providing
option
contrast
preclearance
involves
broad
restraint
state
local
voting
practices
regardless
whether
even
used
discriminate
tr
oral
arg
position
dictates
eccentric
result
insisting
subdivisions
covered
relieved
state
bails
view
also
cast
serious
doubt
act
constitutionality
applied
state
bail
due
failings
single
subdivision
rational
approach
treat
state
local
governments
independently
purposes
bailout
subdivisions
georgia
free
seek
bailout
bailout
action
state
properly
focus
state
voting
policies
georgia
entitled
bail
preclearance
continue
apply
subdivisions
noncompliance
met
coverage
criteria
course
situation
different
state
contributed
overtly
covertly
subdivision
failure
comply
alaska
dc
alaska
dc
mar
alaska
suit
prompted
recoverage
state
act
extension
extension
act
also
coverage
alaska
filed
abandoned
yet
another
bailout
suit
alaska
dc
may
stipulated
dismissal
action
one
state
virginia
attempted
bail
virginia
supp
dc
summarily
aff
held
virginia
satisfy
state
literacy
test
administered
localities
discriminatory
context
inferior
education
offered
virginia
blacks
certain
rural
counties
period
solicitor
general
georgia
counties
municipalities
subdivisions
must
preclear
every
voting
change
matter
irrelevant
change
might
discrimination
voting
app
brief
appellees
practical
level
district
argued
since
subdivisions
currently
required
preclear
voting
changes
bailout
suits
small
percentage
subdivisions
swamp
view
acknowledged
difficulties
confront
local
government
seeking
bailout
district
columbia
means
floodgates
perceived
ever
open
suits
involving
substantial
expense
well
uncertainty
likely
initiated
unless
substantial
likelihood
success
moreover
argument
ignores
procedures
bailout
suit
section
directs
attorney
general
contest
bailout
finds
state
local
government
used
discriminatory
test
device
preceding
years
fact
attorney
general
consented
bailout
nine
actions
succeeded
three
bailout
suits
gone
trial
see
nn
supra
thus
department
justice
courts
shoulder
much
added
burden
might
arise
recognizing
bailout
right
governments
like
city
rome
burden
hardly
onerous
attorney
general
present
responsibility
preclearing
voting
changes
subdivisions
first
six
months
voting
changes
submitted
attorney
general
rate
per
working
day
letter
joseph
dorn
drew
days
iii
assistant
attorney
general
civil
rights
division
department
justice
reprinted
app
brief
appellants
astonishing
figures
compare
unfavorably
cited
justice
stevens
sheffield
dissent
questioned
efficacy
attorney
general
review
preclearance
requests
arriving
rate
four
day
board
commissioners
sheffield
nn
see
berry
doles
powell
concurring
judgment
hardly
need
added
senior
officer
justice
department
much
less
attorney
general
make
thoughtful
personal
judgment
average
preclearance
petitions
per
day
thus
important
decisions
made
democratic
basis
covered
subdivisions
finally
judged
unidentifiable
employees
federal
bureaucracy
usually
without
anything
resembling
evidentiary
hearing
justice
rehnquist
justice
stewart
joins
dissenting
today
held
city
mobile
violate
constitution
maintaining
system
electing
city
officials
unless
voters
prove
system
product
purposeful
discrimination
city
mobile
bolden
ante
result
reached
even
though
black
residents
mobile
demonstrated
racial
bloc
voting
prevented
electing
black
representative
city
government
correctly
concluded
city
obligation
constitution
structure
representative
system
manner
maximizes
black
community
ability
elect
black
representative
yet
instant
case
city
rome
prevented
instituting
precisely
type
structural
changes
says
mobile
may
maintain
consistently
civil
war
amendments
long
purpose
legitimate
congress
prohibited
changes
voting
rights
act
exercise
enforcement
power
conferred
amendments
necessary
hold
congress
limited
merely
providing
forum
aggrieved
plaintiffs
may
assert
rights
civil
war
amendments
order
disagree
decision
permitting
congress
straitjacket
city
rome
manner
fourteenth
amendment
fifteenth
amendment
congress
granted
power
enforce
appropriate
legislation
limitations
state
action
embodied
amendments
presumption
constitutionality
due
act
coordinate
branch
federal
government
one
ultimately
responsible
deciding
challenges
exercise
power
entities
marbury
madison
cranch
nixon
today
decision
nothing
less
total
abdication
authority
rather
exercise
deference
due
coordinate
branch
government
facts
case
readily
demonstrate
fallacy
underlying
determination
congressional
prohibition
rome
conduct
characterized
enforcement
fourteenth
fifteenth
amendment
district
entered
extensive
findings
fact
facts
conspicuously
absent
opinion
lower
found
rome
employed
discriminatory
barriers
black
voter
registration
past
years
city
employed
barriers
black
voting
black
candidacy
indeed
found
white
elected
officials
encouraged
blacks
run
elective
posts
rome
responsive
needs
interests
black
community
city
discriminated
blacks
provision
services
made
efforts
upgrade
black
neighborhoods
also
established
although
black
never
elected
political
office
rome
black
appointed
fill
vacancy
elective
post
white
candidates
vigorously
pursue
support
black
voters
several
commissioners
testified
spent
proportionately
time
campaigning
black
community
needed
vote
win
concluded
blacks
often
hold
balance
power
rome
elections
despite
political
climate
attorney
general
refused
approve
number
city
annexations
various
changes
electoral
process
city
sought
require
majority
vote
election
city
commission
board
education
create
numbered
posts
staggered
terms
elections
establish
ward
residency
requirement
board
education
elections
addition
years
city
effected
annexations
appellees
concede
none
annexations
sought
discriminatory
purposes
electoral
changes
annexations
opposed
attorney
general
grounds
adoption
lessen
likelihood
blacks
successful
electing
black
city
official
assuming
voting
part
whites
blacks
changes
considered
impermissible
device
rome
sought
judicial
relief
district
found
city
met
burden
proving
electoral
changes
annexations
enacted
purpose
discriminating
blacks
changes
nevertheless
prohibited
perceived
disparate
effect
ii
holds
today
city
rome
constitutionally
compelled
seek
congressional
approval
governmental
changes
even
though
engaged
discrimination
blacks
least
years
moreover
also
holds
federal
approval
constitutionally
denied
even
city
proved
changes
purposefully
discriminatory
agree
justice
powell
conclusion
requiring
localities
submit
preclearance
significant
intrusion
local
autonomy
even
greater
intrusion
autonomy
deny
preclearance
sought
facts
case
signal
necessity
carefully
scrutinize
alleged
source
congressional
power
intrude
deeply
governmental
structure
municipal
corporations
created
section
fifteenth
amendment
fourteenth
provide
congress
shall
power
enforce
appropriate
legislation
congressional
power
prohibit
electoral
changes
proposed
rome
dependent
upon
scope
nature
power
three
theories
congressional
enforcement
power
relevant
case
first
clear
proposed
changes
violate
constitution
congress
certainly
prohibit
implementation
never
seriously
maintained
however
congress
judiciary
enforce
amendments
commands
thus
electoral
changes
issue
violate
constitution
judicially
interpreted
must
determined
whether
congress
nevertheless
appropriately
prohibit
changes
two
theories
congressional
power
second
theory
congress
act
remedially
enforce
judicially
established
substantive
prohibitions
amendments
properly
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power
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accepts
premise
third
theory
congress
authority
enforcement
powers
determine
without
electoral
changes
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impact
race
violate
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case
congress
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act
effectively
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think
apparent
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first
two
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exercise
congressional
power
supports
application
voting
rights
act
decision
city
mobile
little
doubt
rome
engaged
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also
believe
prohibition
changes
genuinely
characterized
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exercise
congressional
enforcement
powers
thus
result
holding
congress
effectively
power
determine
conduct
violates
constitution
result
violates
previously
distinctions
judicial
branch
legislative
executive
branches
federal
government
see
nixon
marbury
madison
cranch
enforcement
power
construed
remedial
grant
authority
duty
ensure
challenged
congressional
act
enforce
limitations
state
power
established
fourteenth
fifteenth
amendments
marbury
madison
resolved
question
whether
appropriate
exercise
remedial
power
congress
prohibit
local
governments
instituting
structural
changes
government
although
racially
motivated
effect
decreasing
ability
black
voting
bloc
elect
black
candidate
found
matter
statutory
interpretation
congress
intended
prohibit
governmental
changes
basis
disparate
impact
voting
rights
act
cases
however
never
directly
presented
constitutional
questions
implicated
lower
finding
case
city
engaged
purposeful
discrimination
enacting
changes
otherwise
almost
two
decades
see
beer
city
richmond
perkins
matthews
fairley
patterson
decided
together
allen
state
board
elections
none
cases
squarely
presented
constitutional
challenge
congressional
power
prohibit
state
electoral
practices
locality
disproved
existence
purposeful
discrimination
cases
actually
examined
constitutional
questions
relating
congress
exercise
powers
enforce
fourteenth
fifteenth
amendments
also
purport
resolve
issue
principles
distilled
precedents
require
conclusion
limitations
state
power
issue
sustained
remedial
exercise
power
fourteenth
fifteenth
amendments
prohibit
purposeful
discrimination
decisions
recognized
circumstances
congressional
prohibition
state
local
action
purposefully
discriminatory
may
nevertheless
appropriate
remedial
legislation
civil
war
amendments
see
oregon
mitchell
gaston
county
circumstances
however
without
judicial
limits
decisions
indicate
congressional
prohibition
conduct
may
violate
constitution
appropriate
legislation
enforce
civil
war
amendments
prohibition
necessary
remedy
prior
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violations
governmental
unit
necessary
effectively
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unit
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congress
still
legislating
response
incidence
state
action
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war
amendments
precedents
carefully
formulated
around
historic
tenet
law
order
invoke
remedy
must
wrong
remedial
construction
congressional
power
enforce
fourteenth
fifteenth
amendments
wrong
must
amount
constitutional
violation
wrong
identified
appropriateness
remedy
measured
today
identifies
constitutional
wrong
object
congressional
exercise
power
purposeful
discrimination
local
governments
structuring
political
processes
effort
reduce
black
voting
strength
goes
hold
prohibitions
imposed
case
represent
appropriate
means
preventing
constitutional
violations
rest
conclusion
finding
prohibition
necessary
remedy
prior
discrimination
locality
rather
reasons
prohibition
changes
discriminatory
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