Holder v. Hall, 512 U.S. 874, 13 (1994)

Page:   Index   Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

886

HOLDER v. HALL

Opinion of O'Connor, J.

Thomas' suggestion that we overhaul our established reading of §2.

I also agree with Justice Blackmun, see post, at 946- 950, that our precedents compel the conclusion that the size of the Bleckley County Commission is both a "standard, practice, or procedure" under § 2 and a "standard, practice, or procedure with respect to voting" under § 5. See, e. g., Presley v. Etowah County Comm'n, 502 U. S. 491, 503 (1992) (change in size is a change in a "standard, practice, or procedure" because the change "increase[s] or diminish[es] the number of officials for whom the electorate may vote"); City of Lockhart v. United States, 460 U. S. 125, 131-132 (1983) (change from three-member commission to five-member commission is subject to § 5 preclearance); City of Rome v. United States, 446 U. S. 156, 160-161 (1980) (it "is not disputed" that an expansion in the size of a board of education is subject to § 5 preclearance); Bunton v. Patterson, decided with Allen v. State Bd. of Elections, 393 U. S. 544, 569-571 (1969) (change from elected to appointed office is subject to § 5 preclearance); id., at 566-567 (§ 2 should be given "the broadest possible scope").

As Justices Kennedy and Blackmun both recognize, in these cases we have consistently said that a change in size is a "standard, practice, or procedure with respect to voting" that is subject to § 5 preclearance. See ante, at 882 (opinion of Kennedy, J.); post, at 946-948 (Blackmun, J., dissenting). And though our cases involving size have concerned § 5, I do not think it possible to read the terms of § 2 more narrowly than the terms of § 5. Section 2 covers any "standard, practice, or procedure," while § 5 covers any "standard, practice, or procedure with respect to voting." As a textual matter, I cannot see how a practice can be a "standard, practice, or procedure with respect to voting," yet not be a "standard, practice, or procedure." Indeed, the similarity in language led to our conclusion in Chisom v. Roemer, 501 U. S. 380,

Page:   Index   Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: October 4, 2007