beer argued march decided march new orleans city charter provides city council one member elected five councilmanic districts two elected voters city large council required decennial census redistricted city based census one councilmanic district negroes constituted majority population half registered voters four districts white voters outnumbered negroes negro elected council census council devised reapportionment plan negro population majorities two councilmanic districts negro voter majority one section voting rights act prohibits state political subdivision subject act new orleans enforcing proposed change voting procedures unless obtained declaratory judgment district district columbia change purpose effect denying abridging right vote account race color submitted change attorney general objected proposed plan objected attorney general new orleans sought declaratory judgment district refused allow plan go effect holding effect abridging negro voting rights moreover plan failure alter city charter provision two seats effect held since language clearly provides applies proposed changes voting procedures since seats existed without change since seats subject review district consequently erred holding plan rejected solely eliminate two seats pp legislative reapportionment enhances position racial minorities respect effective exercise electoral franchise violate unless new apportionment discriminates racially violate constitution applying standard contrast apportionment none five councilmanic districts clear negro voting majority negro elected council negroes plan question constitute population majority two five districts clear voting majority one predictable bloc voting one perhaps two negroes elected council district therefore erred concluding plan effect denying abridging right vote account race color within meaning pp stewart delivered opinion burger blackmun powell rehnquist joined white filed dissenting opinion post marshall filed dissenting opinion brennan joined post stevens took part consideration decision case james stoner reargued cause appellants brief blake arata ernest salatich james treese ernest ruffner deputy solicitor general wallace reargued cause briefs solicitor general bork assistant attorney general pottinger john rupp brian landsberg walter barnett stanley halpin reargued cause appellees jackson et al briefs jack greenberg james nabrit iii eric schnapper wiley branton justice stewart delivered opinion section voting rights act prohibits state political subdivision subject act enforcing voting qualification prerequisite voting standard practice procedure respect voting different force effect november unless obtained declaratory judgment district district columbia change purpose effect denying abridging right vote account race color submitted proposed change attorney general attorney general objected constitutionality procedure upheld south carolina katzenbach well established applicable state political subdivision adopts legislative reapportionment plan allen state board elections georgia city new orleans brought suit seeking judgment declaring reapportionment new orleans councilmanic districts purpose effect denying abridging right vote account race color district entered judgment dismissal holding new reapportionment plan effect abridging voting rights new orleans negro citizens supp city appealed judgment claiming district used incorrect standard assessing effect reapportionment unit noted probable jurisdiction appeal new orleans city almost people population white remaining negro registered voters white remaining negro new orleans adopted form government since time municipal charter provided city council consist seven members one elected five councilmanic districts two elected voters city large charter also requires adjustment boundaries five councilmanic districts following decennial census reflect population shifts among districts city council redistricted city based census figures reapportionment plan established four districts stretched edge lake pontchartrain north side city mississippi river city south side fifth district wedge shaped encompassed city downtown area one councilmanic districts negroes constituted majority population half registered voters four districts white voters clearly outnumbered negro voters negro elected new orleans city council decade receipt census figures city council adopted reapportionment plan plan continued basic pattern councilmanic districts combined downtown district plan negroes constituted majority population two districts make majority registered voters district largest percentage negro voters single district plan city submitted plan attorney general pursuant objected stating appeared dilute black voting strength combining number black voters larger number white voters five districts also expressed view district lines drawn compelling governmental need district lines reflect numeric population configurations considerations district compactness regularity shape even attorney general objected plan city authorities commenced work second plan plan ii plan followed general districting pattern common apportionment plan produced negro population majorities two districts negro voter majority one district plan ii submitted attorney general posed objections raised plan addition noted predominantly black neighborhoods city located generally east west progression pointed use districts situation almost inevitably effect diluting maximum potential impact negro vote following rejection attorney general plan ii city brought declaratory judgment action district district columbia district concluded plan ii effect abridging right vote account race color calculated negroes elect city councilmen proportion share city registered voters able choose city seven councilmen proportion share city population choose councilmen plan ii district concluded since new orleans elections marked bloc voting along racial lines negroes probably able elect one councilman candidate one councilmanic district majority voters negroes difference mathematical potential predicted reality burden case bar least demonstrate nothing redistricting proposed plan ii feasible concluded city made sort demonstration indeed conceded trial neither plan variations city sole available alternative ibid separate independent ground rejecting plan ii district held failure plan alter city charter provision establishing two seats effect abridging right vote account race color put city supported choice elections consideration satisfy standard compelling governmental interest need demonstrate improbability realization use districts evaluations compel conclusion feature city electoral scheme two councilmen selected large effect impermissibly minimizing vote black citizens conclusion additional reason city redistricting plan pass muster footnotes omitted district therefore refused allow plan ii go effect result councilmanic elections new orleans since councilmen elected time appointed successors remained office ever since ii appellants urge reargument case conceded district mistaken holding plan ii rejected solely eliminate two councilmanic seats existed since appellants correct interpretation statute regard language clearly provides applies proposed changes voting procedures iscriminatory practices instituted prior november subject requirement preclearance commission civil rights voting rights act ten years ordinance adopted plan ii made reference councilmanic seats indeed since seats established city charter ordinance altered change charter required approval city voters seats existed without change since subject review proceeding principal argument made appellants district erred concluding makeup five geographic councilmanic districts plan ii effect abridging voting rights account race color evaluating claim important note outset question one constitutional law statutory construction determination legislative reapportionment effect denying abridging right vote account race color must depend therefore upon intent congress enacting voting rights act specifically legislative history reveals basic purpose congress enacting voting rights act rid country racial discrimination voting south carolina katzenbach section intended play important role achieving goal section response common practice jurisdictions staying one step ahead federal courts passing new discriminatory voting laws soon old ones struck practice possible new law remained effect justice department private plaintiffs able sustain burden proving new law discriminatory congress therefore decided held shift advantage time inertia perpetrators evil victim freezing election procedures covered areas unless changes shown nondiscriminatory pp footnotes omitted prohibiting enforcement change demonstrated department justice federal change discriminatory effect congress desired prevent undo ing defeat ing rights recently negroes section intended insure gains thus far achieved minority political participation shall destroyed new discriminatory procedures techniques adopted extension voting rights act congress explicitly stated standard fully satisfied determining basis facts found attorney general district true whether ability minority groups participate political process elect choices office augmented diminished affected change affecting voting emphasis added words purpose always insure changes made lead retrogression position racial minorities respect effective exercise electoral franchise thus apparent legislative reapportionment enhances position racial minorities respect effective exercise electoral franchise hardly effect diluting abridging right vote account race within meaning conclude therefore ameliorative new legislative apportionment violate unless new apportionment discriminates basis race color violate constitution application standard facts present case straightforward apportionment none five councilmanic districts clear negro majority registered voters negro elected new orleans city council apportionment system effect plan ii contrast negroes constitute majority population two five districts clear majority registered voters one thus every reason predict upon district hypothesis bloc voting least one perhaps two negroes may well elected council plan ii therefore error district conclude plan ii effect denying abridging right vote account race color within meaning voting rights act accordingly judgment district vacated case remanded proceedings consistent opinion 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 reexamine 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 stat amended stat supp ed supp louisiana political subdivisions subject provisions fed reg action actually brought behalf city new orleans six seven members city council convenience appellants sometimes referred opinion new orleans city defendants suit attorney general group negro voters new orleans intervened side defendants district difference two figures due part fact proportionately whites voting age registered vote negroes part fact age structures white negro populations new orleans differ significantly white population voting age negro population voting age see civil rights commission voting rights act ten years pp decision draft new plan large part attributable opposition plan expressed residents algiers part new orleans located south mississippi river residents algiers common interest promoting construction additional bridge across river always represented one councilman opposed plan primarily divided algiers among three councilmanic districts opposition plan algiers see supra quieted plan ii placing section city one councilmanic district district address question whether plan ii adopted purpose see supra course rejected proposition members minority group federal right represented legislative bodies proportion number general population see whitcomb chavis worth noting however district applied mathematical calculations five seats properly subject scrutiny see part text infra concluded basis registered voter figures negroes new orleans theoretical potential electing five councilmen realistic prediction seem actual operation plan ii least one perhaps two negro councilmen fact elected see infra various points opinion district described understanding statutory criteria terms somewhat different quoted text since hereafter appear understanding meaning event coincide district purpose served isolating separately examining various verbalizations statutory criteria contained opinion reaching conclusion decide question reserved georgia whether district proposed legislative reapportionment plan identical district previously existing apportionment may subject review seats present case even part plan let alone plan ii dealt question criteria legislative reapportionment plan must satisfy last term city richmond decide circumstances permit city annex additional territory annexation effect changing city negro population majority minority held annexation approved effect aspect system electing councilmen likely produce results fairly reflect ed strength negro community exists annexation city richmond case thus decided change adverse impact previous negro voting power met effect standard present case contrast involves change adverse impact upon former voting power negroes cf justice brennan dissenting opinion city richmond supra take fundamental objective protection present levels voting effectiveness black population emphasis original intervenors advised us statistics indicating percentage negro registered voters city whole increased assuming accuracy estimates increase proportionate councilmanic district quite possible time majority population also majority registered voters two plan ii districts negroes see taylor mckeithen possible legislative reapportionment substantial improvement predecessor terms lessening racial discrimination yet nonetheless continue discriminate basis race color unconstitutional made claim plan ii suffers disability rationally decision holding legislative apportionment reapportionment violative fifteenth amendment cf wright rockefeller case closest holding gomillion lightfoot found allegations racially motivated gerrymandering municipality political boundaries stated claim amendment many cases involving fourteenth amendment one man one vote standard relevant see reynolds sims least four cases considered claims legislative apportionments violated fourteenth amendment rights identifiable racial ethnic minorities see fortson dorsey burns richardson whitcomb chavis white regester plan ii remotely approach violation constitutional standards enunciated cases justice white dissenting justice marshall agree voting rights act reaches changes election procedures burdensome complaining minority procedures understand validity procedural change otherwise within reach section must determined statutory standard whether proposed legislation purpose effect abridging denying right vote based race color statutory standard applied light district findings supported evidence questioned findings nominating process new orleans councilmanic elections subject majority vote rules history bloc racial voting new orleans predictable result negro candidate win district race minority view facts exist combined segregated residential pattern satisfied unless extent practicable new electoral districts afford negro minority opportunity achieve legislative representation roughly proportional negro population community city council black minority constituting approximately population new orleans entitled construe opportunity electing least three city councilmen provided plan issue bloc racial voting unfortunate phenomenon repeatedly faced findings knowledgeable district courts fact life exists often result neither white black elected district race minority see congress power minimize effects racial voting particularly occurs context electoral rules operating muffle political potential minority also satisfied aimed end among others construed applied see city richmond minimizing exclusionary effects racial voting possible whites blacks scattered evenly throughout city great extent race concentrated identifiable areas new orleans like bloc voting race fact life well known responsible drawing electoral district lines lawmakers quite aware districts create white black majority new district comes unavoidable choice racial composition district intervenes control choices extent necessary afford minority opportunity achieving fair representation legislative body question applying way times require drawing district lines based race congress power deliberate discrimination polls relevant electoral laws customs effectively foreclosed negroes enjoying modicum fair representation city council legislative body since plan ii issue case falls short satisfying since agree justice marshall city failed present sufficiently substantial justifications proposal respectfully dissent affirm judgment district justice marshall justice brennan joins dissenting past years read jurisdiction voting rights act stat amended stat supp expansively give act broadest possible scope reach state enactment altered election law covered state even minor way allen state board electronics see also georgia perkins matthews south carolina katzenbach settled contours jurisdiction however yet devote much attention defining substantive force within bounds thus faced today first time question substantive application redistricting plan essentially must answer one question redistricting plan effect abridging right vote account race color never answers question instead produces convoluted construction statute transforms single question suggested three questions provides precious little guidance answering reading reach abridgment question unless first determined proposed redistricting plan lead retrogression position racial minorities ante comparison position existing plan conclusion demands preliminary inquiry simply wrong finds support language statute disserves legislative purposes behind implicitly admitting much adds another question one asked proposed plan retrogressive whether new apportionment discriminates basis race color violate constitution ante addition much theory least salvage test since decisions make clear proper test abridgment essentially constitutional inquiry still accept awkward construction inquiry unduly cumbersome unnecessary burden place upon attorney general district district columbia dilutes meaning unconstitutionality context point congressional purposes longer served sacred guarantees fourteenth fifteenth amendments emerge badly battered process approves blatantly discriminatory districting plan city new orleans dissent fifteenth amendment provides right citizens vote shall denied abridged state account race color previous condition servitude amdt purpose effect denying abridging right vote account race color supp justifying convoluted construction however never deals fact plain language adopt arguably expand constitutional standard since never held even suggested constitutional standard requires inquiry whether redistricting plan ameliorative retrogressive fortiori basis reading attempts provide basis relying asserted purpose preserve present negro voting strength wholly unsuccessful superficial credibility argument musters achieved ignoring statutory language also least three purposes behind thus legislative history voting rights act makes clear assiduously ignores designed preclude new districting plans perpetuate discrimination prevent covered jurisdictions circumventing guarantees amendment switching new discriminatory districting plans moment litigants appear verge existing one declared unconstitutional promptly end discrimination voting pressuring covered jurisdictions remove vestiges discrimination enactments submitting preclearance none purposes furthered inquiry whether proposed districting plan ameliorative retrogressive indeed statement purposes alone sufficient demonstrate error construction purposes statute met however inquiry language plainly contemplates whether absolute terms covered jurisdiction show proposed plan meets constitutional standard consistent statutory language legislative purposes proper construction provision thus effect plan rather effect change plans issue proceeding ultimately admits much adding inquiry whether proposed plan even ameliorative constitutional admission understand bothers preliminary inquiry nature change plans since inquiry adds nothing fear prove distraction important business assessing constitutionality proposed plan except unnecessary step however final reading statute face duplicates nonetheless still accept approach properly returning constitutional inquiry proceeding inexplicably tosses question never undertakes analysis constitutional cases cases demanded ultimate denigration constitutional standard result far short promise congress held enacting voting rights act one join proper test redistricting cases preordained prior cases ignored today suggested repeatedly recognized relevance constitutional standards proper construction thus held passing provision congress intended adopt concept voting articulated reynolds sims protect negroes dilution voting power perkins matthews quoting allen state board elections opinion harlan see also georgia allen state board elections supra fourteenth amendment reynolds line cases made clear dilution voting power refers resulting voting strength something less potential proportional power reduction existing power white regester whitcomb chavis nonetheless also acknowledged showing less proportional representation negroes representatives alone sufficient prove unconstitutional dilution sustain claims dilution enough racial group allegedly discriminated legislative seats proportion voting potential plaintiffs burden produce evidence support findings political processes leading nomination election equally open participation group question members less opportunity residents district participate political processes elect legislators choice white regester supra constitutionally based concept dilution held govern proceedings concept may readily transferred context simply adjusting shifted burden proof thus proposed redistricting plan underrepresents minority group members burden covered jurisdiction show political processes leading nomination election equally open participation group question jurisdiction make showing proposed plan must rejected unless compelling reasons adoption demonstrated ii application standards case us straightforward preliminarily agree two seats new orleans city council approval serve independent basis rejection plan ii think plan ii assessed without regard council designed fill proportional representation negroes among five district seats council assure negroes proportional representation entire council district found two seats occupied members approach focusing five districts allow covered municipalities conceal discriminatory changes making step time sending one alteration another attorney general approval nothing beyond districts actually considered discriminatory effects camouflaged prophylactic purposes act readily evaded thus district correctly began considering council districting plan given new orleans long history racial bloc voting allows negroes expectation one seat council city negro voting population manifestly plan serves underrepresent negro voting population district properly turned consider whether negroes excluded full participation political processes new orleans found considerable evidence past present exclusion none seriously contested found louisiana requirement requirement operate practical matter defeat negroes district constitute majority residual effects louisiana long history racial discrimination voting also public schools public assemblies public recreational facilities public transportation housing employment remain city officeholders generally unresponsive needs negro community looked many tactics recently employed remarkable success keep negroes voting state see louisiana found negro access political process even narrowed fact candidates democratic primary run tickets city council candidate win nomination tantamount victory general election critical placed ticket winning always white mayoral candidate negro candidates city council however never placed ticket indeed negro ever elected city council found rare occasions negro elected office city support white candidates white political organization power negro electorate findings plainly support district conclusion political processes new orleans open negroes equal basis whites since negroes underrepresented plan ii denied equal access political processes new orleans plan ii infringes upon constitutionally protected rights compelling justification save plan nature negro community new orleans manner distortion plan ii immediately place city explanations suspect light negro community dispersed rather collected concentrated curving band runs roughly districts plan ii run divide negro community five parts counsel intervenor jackson vividly described effect division oral argument walk jefferson parish throughout city eight ten miles bernard parish line see white face along band black belt parallels river curve fashion throughout city white people live wealthy sections town lake along charles avenue river rest left blacks heavy concentrations plan devised city council slices population like many pieces bologna tr oral arg new orleans relies seven goals claims mandate scheme plan ii city belief conclusion questionable light eckert testimony district staff drafted least two plans satisfied app case however asserted goals whether taken alone combination establish compelling justification plan one claimed purpose prevent dilution vote minority groups plan ii plainly achieve goal two asserted aims achieve substantial numerical equality among five districts keep resultant districts compact contiguous aims accomplished number plans well three proffered justifications preserve ward precinct lines natural boundaries manmade boundaries findings ward lines observed case restrictions precincts sufficiently small integrity honored districts latter fact minimizes adverse effects violating natural manmade boundaries except extent divide communities different social economic interests plan ii erratically keeps communities intact seventh proffered goals compelling mandates scheme keeping incumbents apart new districts run one another four five district councilmen live line along lake northern part city districts place four one two districts app lines therefore necessary councilmen remain apart app desire keep incumbents separate districts may merit contexts surely stand alone justify substantial dilution minority voting rights found thus city failed show acceptable justification racially dilutive effect plan ii accordingly district correctly concluded appellants failed demonstrate plan ii effect abridging right vote account race correctly denied requested declaratory judgment section actually requires voting qualification prerequisite voting standard practice procedure respect voting different effect november approved attorney general district district columbia supp held redistricting plan standard practice procedure respect voting within meaning georgia upheld validity shifted burden proof south carolina katzenbach act suspends new voting regulations pending scrutiny federal authorities determine whether use violate fifteenth amendment decisions relating relevance analysis testing constitutionality legislative enactments somewhat less seamless web possible theoretical approaches three purpose alone test unconstitutionality effect irrelevant relevant insofar sheds light purpose effect alone test purpose irrelevant purpose effect either alone combination sufficient show unconstitutionality various times recent years seemed adopt approaches two fifteenth amendment redistricting cases wright rockefeller gomillion lightfoot suggested legislative purpose alone determinative although language cases may isolated seems approve inquiry effect insofar elucidates purpose see see also goldberg dissenting mcgowan maryland equal amendment case expressly effect relevance imputing improper purpose legislation invalidated purpose city richmond suggests bad purpose may invalidate law fifteenth amendment even unconstitutional effect completely contrary cases hold legislative purpose wholly irrelevant constitutionality legislation indeed purpose may examined statute may invalidated unconstitutional effect palmer thompson vigorously attack purpose analysis assert gomillion decided statute question unlawful effect two positions cases hold either impermissible purpose impermissible effect may alone sufficient invalidate law board education allen abington school district schempp need synthesize three positions various cases indeed synthesis possible clear language purpose effect selected congress use necessarily expansion constitutional standard congress adopt third tests juggled years see generally ely legislative administrative motivation constitutional law yale recognized fourteenth amendment gives congress power expand substantive reach amendment katzenbach morgan undoubtedly fifteenth amendment voting rights act enacted confers similar power upon congress respect substantive reach fifteenth amendment thus extent analysis purpose effect independently required resolution constitutional question see supra congress may said expanded constitutional inquiry voting rights act insofar redistricting legislation concerned however believe showing purpose effect alone sufficient demonstate unconstitutionality believe context congress enacted constitutional standard evaluation purpose legislative enactment ambiguous task sole tool constitutional analysis see palmer thompson supra supra therefore demonstration effect ordinarily suffice course purpose may conclusively shown sufficient demonstrate statute unconstitutionality errata demonstate demonstrate quote language suggests purpose see statute ante comes giving substantive content relies solely purpose suggested text may single purpose looms large thinks counterproductive bar enforcement proposed plan even discriminatory less discriminatory plan otherwise remain frozen effect argument superficial appeal ultimately unrealistic rare jurisdiction retain apportionment rejection modification attorney general district jurisdictions undertake redistricting without reason case instance new orleans city charter requires redistricting every years plan us disapproved new orleans produce new one amend charter cases redistricting constitutionally compelled decisions reynolds sims virtual necessity prompt redistricting argues strongly favor rejecting ameliorative still discriminatory redistricting plans jurisdictions eventually return nondiscriminatory plan equally unsuccessful attempt paint ameliorative changes case dramatic negroes constitute population new orleans city registered voters redistricting plan currently effect new orleans population distributed follows population registered voters district negro negro population registered voters district negro negro thus positive change convinces inquiry possible abridgment necessary change majority registered voters district fails mention calls clear majority although idea percentage registered negro voters actually vote district also emphasizes negroes constitute majority population two districts whereas existing plan majority one district beneficial change accomplished shift minority population district majority district pp see also pt pp south carolina katzenbach see also supra reason existing plan remains frozen effect proposed plan submitted approval thus constitutional litigation may proceed without interruption unless new plan found nondiscriminatory substituted see either way litigant obtains relief seeks nondiscriminatory apportionment pressure proposed plans judged rigorous standards fear litigation new plans thought encourage covered jurisdictions end discrimination voting preclearance procedure critical serves psychologically control proliferation discriminatory laws practices change must first federally reviewed thus section serves prevent discrimination starts cong rec remarks mcculloch act limited term proof congress intended secure prompt gradual relief originally act intended effect five years twice extended extension also years five years seven years thus argued act contemplated slow forward movement construction sanctifies rather quick remedial fix read abridge fifteenth amendment primarily involving absolute assessment dilution negro voting power potential hold recognition relative change absolutely irrelevant determination instance may often useful glean indication purpose minority relative position existing proposed plans moreover circumstances annexations example dilution fairly measured comparison prior scheme see city richmond cf gomillion lightfoot today finds simple conclude plan ii ameliorative always easy determine whether new plan increases decreases negro voting power relative prior plan contrary believe test prove unduly difficult application excessively demanding judicial energies instance today finds increase size negro majority one district concomitant increased likelihood electing delegate conclusively shows plan ii ameliorative always common minorities gerrymandered district separate ones increase size existing majority ameliorative retrogressive size majority increases one district negro voting strength necessarily declines elsewhere decline retrogressive assuming shift majority district case ameliorative outweighed simultaneous decrease negro voting strength districts increase become retrogressive soon majority becomes safe majority achieved dividing concentrations negro voters moreover implies ante attempt harmonize holding today city richmond supra preliminary inquiry nature change proper approach cases test prove even difficult application outside redistricting context changes lend comparison positive negative terms others always seem negative positive matter good bad result instance city goes appointed town manager elected council form government change ever termed retrogressive even new council elected large negroes minority jurisdiction negroes substantial minority switches ward voting change ever constitute negative change matter badly wards gerrymandered realize course determining ultimate question abridgment may involve answering questions similar posed questions difficult answer point however exactly inquiry difficult one reason substantially compound complexity posing unnecessary equally complex preliminary inquiry understand views constitutional inquiry part inquiry see ante thus burden proof constitutional issues issues covered jurisdiction although treatment point ambiguous read observation made claim plan ii unconstitutional ante indicating raise issue unconstitutionality proceeding suggesting issue raised must prove claim well reading frustrate still another legislative purpose act freezes existing plan places burden proof covered jurisdiction justify proposed plan expressly order shift advantage time inertia perpetrators evil victims south carolina katzenbach see also understand bringing constitutional issue back door eliminate primary procedural advantage proceeding treatment constitutional questions puzzling intends confine constitutional analysis seats brought district proceeding case holds may avoid looking two seats new orleans city council deciding claim see infra exclusion seats appears extend ultimate constitutional inquiry well yet obvious independent constitutional challenge plan ii also include challenge seats broadened attack considerably difficult reject question evidently considers change focus caused expanded challenge accentuates dilution negro vote new orleans see infra necessitates recognition particularly dilutive effects districting schemes see white regester ignored factors finding plan ii constitutional engaged hypothetical adjudication holding surely bar future constitutional challenge entire scheme read incorporating standards fifteenth amendment see nn supra read cases holding implicitly fourteenth fifteenth amendments mandate test assessing validity racial grounds legislative apportionments since person whose right vote denied abridged account race likewise denied equal protection laws borrowing developed corpus fourteenth amendment law entirely appropriate seeking another source test particularly appropriate given scarcity fifteenth amendment case law wright rockefeller gomillion lightfoot relevant fifteenth amendment cases predate voting rights act incorporation language fifteenth amendment cases construing incorporation also fourteenth amendment developments discussed text reasons neither case general test wright gomillion help formulating test cases refers cited page proposition members minority group federal right represented legislative bodies proportion number general population ante whitcomb chavis stands proposition language refers substantively identical quoted text supports notion right proportional representation absent evidence denial access political process cases make clear inquiry meant limited ability minority group participate voting plan attack also includes sweeping analysis minority group past present treatment jurisdiction white regester whitcomb chavis instance city negro population council elected wards might able justify placement minority population district despite history denial access political process showing minority population perfectly distributed throughout municipality creation ward impossibility hand assuming history denial access political process plan survive attack negro population ward achieved dividing five ways concentrated bloc negro voters located center city effect clear case negroes constitute new orleans electorate seven seats negroes reasonably expect control least two considering five seats suggests properly given limitation negroes expectancy one seat ante two five districts us assuming minority share voting population districts properly conclude negroes lay claim neither two seats thus approach smaller number seats city may present consideration grosser discrimination may numerically tolerated tendency racial bloc voting new orleans finding fact district challenged voting encouraged louisiana statute declared unconstitutional anderson martin required race candidate printed ballots used elections within state appellants challenge propriety looking evidence assessing effect plan ii accuracy requirement rule winner election must majority vote thus race involving three candidates plurality voters elect candidate candidate wins majority election rule requirement district voter must vote many candidates seats filled thus although voter may interested one candidates must vote others well city asserts seventh goal retain historic traditional councilmanic district boundaries preserve continuity within electorate brief appellants fact record conclusive goal purely keep incumbents apart app app today finds district erred finding discriminatory effect address issue reached district whether plan ii drafted discriminatory purpose course question remains remand see city richmond