Young v. Fordice, 520 U.S. 273, 19 (1997)

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Cite as: 520 U. S. 273 (1997)

Opinion of the Court

United States, 460 U. S., at 131 ("The possible discriminatory purpose or effect of the [changes], admittedly subject to § 5, cannot be determined in isolation from the 'pre-existing' elements of the council"). The appellants and the Government argue that in context and in light of their practical effects, the particular changes and the way in which Mississippi administers them could have the "purpose [or] effect of denying or abridging the right to vote on account of race or color . . . ." 42 U. S. C. § 1973c. We cannot say whether or not that is so, for that is an argument about the merits. The question here is "preclearance," and preclearance is necessary so that the appellants and the Government will have the opportunity to find out if it is true.

III

We hold that Mississippi has not precleared, and must pre-clear, the "practices and procedures" that it sought to administer on and after February 10, 1995. The decision of the District Court is reversed, and the case is remanded with instructions for the District Court to enter an order enjoining further use of Mississippi's unprecleared changes as appropriate. Any further questions about the remedy for Mississippi's use of an unprecleared plan are for the District Court to address in the first instance. Clark, 500 U. S., at 659-660.

It is so ordered.

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