Reno v. Bossier Parish School Board

520 U.S. 471, 117 S. Ct. 1491, 137 L. Ed. 2d 730, 1997 U.S. LEXIS 2845
Supreme Court of the United States·Decided May 12, 1997·No. 95-1455·Published·Cited by 212 cases

Opinions

[474]*474Justice O’Connor

delivered the opinion of the Court.

Today we clarify the relationship between §2 and §5 of the Voting Rights Act of 1965, 79 Stat. 437, 439, as amended, 42 U. S. C. §§ 1973, 1973c. Specifically, we decide two questions: (i) whether preclearance must be denied under §5 whenever a covered jurisdiction’s new voting “standard, practice, or procedure” violates § 2; and (ii) whether evidence that a new “standard, practice, or procedure” has a dilutive impact is always irrelevant to the inquiry whether the covered jurisdiction acted with “the purpose ... of denying or abridging the right to vote on account of race or color” under § 5. We answer both in the negative.

I — I

Appellee Bossier Parish School Board (Board) is a jurisdiction subject to the preclearance requirements of §5 of the Voting Rights Act of 1965, 42 U. S. C. § 1973c, and must therefore obtain the approval of either the United States Attorney General or the United States District Court for the District of Columbia before implementing any changes to a voting “qualification, prerequisite, standard, practice, or procedure.” The Board has 12 members who are elected from single-member districts by majority vote to serve 4-year terms. When the 1990 census revealed wide population disparities among its districts, see App. to Juris. Statement 93a (Stipulations of Fact and Law ¶ 82), the Board decided to redraw the districts to equalize the population distribution.

During this process, the Board considered two redistricting plans. It considered, and initially rejected, the redistricting plan that had been recently adopted by the Bossier Parish Police Jury, the parish’s primary governing body (the Jury plan), to govern its own elections. Just months before, the Attorney General had precleared the Jury plan, which also contained 12 districts. Id., at 88a (Stipulations ¶ 68). None of the 12 districts in the Board’s existing plan or in the Jury plan contained a majority of black residents. Id., at [475]*47593a (Stipulations ¶82) (under 1990 population statistics in the Board’s existing districts, the three districts with highest black concentrations contain' 46.63%, 43.79%, and 30.13% black residents, respectively); id., at 85a (Stipulations ¶ 59) (population statistics for the Jury plan, with none of the plan’s 12 districts containing a black majority). Because the Board’s adoption of the Jury plan would have maintained the status quo regarding the number of black-majority districts, the parties stipulated that the Jury plan was not “retrogressive.” Id., at 141a (Stipulations ¶ 252) (“The . . . plan is not retrogressive to minority voting strength compared to the existing benchmark plan . . .”). Appellant George Price, president of the local chapter of the National Association for the Advancement of Colored People (NAACP), presented the Board with a second option — a plan that created two districts each containing not only a majority of black residents, but a majority of voting-age black residents. Id., at 98a (Stipulations ¶ 98). Over vocal opposition from local residents, black and white alike, the Board voted to adopt the Jury plan as its own, reasoning that the Jury plan would almost certainly be precleared again and that the NAACP plan would require the Board to split 46 electoral precincts.

But the Board’s hopes for rapid preclearance were dashed when the Attorney General interposed a formal objection to the Board’s plan on the basis of “new information” not available when the Justice Department had precleared the plan for the Police Jury — namely, the NAACP’s plan, which demonstrated that “black residents are sufficiently numerous and geographically compact so as to constitute a majority in two single-member districts.” Id., at 155a-156a (Attorney General’s August 30, 1993, objection letter). The objection letter asserted that the Board’s plan violated § 2 of the Act, 42 U. S. C. § 1973, because it “unnecessarily limit[ed] the opportunity for minority voters to elect their candidates of choice,” App. to Juris. Statement, at 156a, as compared to the new alternative. Relying on 28 CFR § 51.55(b)(2) (1996), which [476]*476provides that the Attorney General shall withhold pre-clearance where “necessary to prevent a clear violation of amended Section 2 [42 U. S. C. § 1973],” the Attorney General concluded that the Board’s redistricting plan warranted a denial of preclearance under § 5. App. to Juris. Statement 157a. The Attorney General declined to reconsider the decision. Ibid.

The Board then filed this action seeking preclearance under § 5 in the District Court for the District of Columbia. Appellant Price and others intervened as defendants. The three-judge panel granted the Board’s request for preclearance, over the dissent of one judge. 907 F. Supp. 434, 437 (1995). The District Court squarely rejected the appellants’ contention that a voting change’s alleged failure to satisfy § 2 constituted an independent reason to deny preclearance under § 5: “We hold, as has every court that has considered the question, that a political subdivision that does not violate either the ‘effect’ or the ‘purpose’ prong of section 5 cannot be denied preclearance because of an alleged section 2 violation.” Id., at 440-441. Given this holding, the District Court quite properly expressed no opinion on whether the Jury plan in fact violated §2, and its refusal to reach out and decide the issue in dicta does not require us, as Justice Stevens insists, to “assume that the record discloses a ‘clear violation’ of § 2.” See post, at 499 (opinion dissenting in part and concurring in part). That issue has yet to be decided by any court. The District Court did, however, reject appellants’ related argument that a court “must still consider evidence of a section 2 violation as evidence of discriminatory purpose under section 5.” Id., at 445. We noted probable jurisdiction on June 3, 1996. 517 U. S. 1232.

II

The Voting Rights Act of 1965 (Act), 42 U. S. C. § 1973 et seq., was enacted by Congress in 1964 to “attac[k] the blight of voting discrimination” across the Nation. S. Rep. No. 97-[477]*477417, 2d Sess., p. 4 (1982); South Carolina v. Katzenbach, 383 U. S. 301, 308 (1966). Two of the weapons in the Federal Government’s formidable arsenal are §5 and §2 of the Act. Although we have consistently understood these sections to combat different evils and, accordingly, to impose very different duties upon the States, see Holder v. Hall, 612 U. S. 874, 883 (1994) (plurality opinion) (noting how the two sections “differ in structure, purpose, and application”), appellants nevertheless ask us to hold that a violation of § 2 is an independent reason to deny preclearance under § 5. Unlike Justice Stevens, post, at 502-503, and n.

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Reno v. Bossier Parish School Board, 520 U.S. 471, 117 S. Ct. 1491, 137 L. Ed. 2d 730, 1997 U.S. LEXIS 2845 (1997).

520 U.S. 471 (Reno v. Bossier Parish School Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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