Facts of the Case

Section 5 of the Voting Rights Act on 1995 prohibits Bossier Parish, Louisiana from enacting any change in a "voting qualification[,] prerequisite[,] standard, practice, or procedure" without first obtaining preclearance from either the Attorney General or the District Court. Following the 1990 census, the District Court granted Bossier Parish preclearance to redistrict. The U.S. Supreme Court, in Reno v. Bossier Parish School Bd., 520 U.S. 471, vacated the court's judgment and remanded for the court to question whether the section 5 purpose inquiry ever extends beyond the search for retrogressive intent. The District Court again granted preclearance. The court found that there was no evidence of discriminatory but nonretrogressive purpose. The court left open the question of whether section 5 prohibits preclearance of a plan enacted with such a purpose.

Question

Does section 5 of the Voting Rights Act of 1965 prohibit preclearance of a redistricting plan enacted with a discriminatory but nonretrogressive purpose?

Conclusion

No. In a 5-4 opinion delivered by Justice Antonin Scalia, the Court held that section 5 does not prohibit preclearance of a redistricting plan enacted with a discriminatory but nonretrogressive purpose. "As we have repeatedly noted, in vote-dilution cases [section 5] prevents nothing but backsliding, and preclearance under [section 5] affirms nothing but the absence of backsliding," wrote Justice Scalia. Justices David H. Souter, John Paul Stevens and Stephen G. Breyer wrote dissenting opinions. Justice Ruth Bader Ginsburg joined the opinions of Justices Souter and Stevens. "Now executive and judicial officers of the United States will be forced to preclear illegal and unconstitutional voting schemes patently intended to perpetuate discrimination," argued Justice Souter.