Holder v. Hall, 512 U.S. 874, 73 (1994)

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946

HOLDER v. HALL

Blackmun, J., dissenting

III

For the foregoing reasons, I agree with the Court's conclusion that the size of a governing body is not subject to challenge under § 2 of the Voting Rights Act. I therefore concur in the Court's judgment reversing the judgment below and remanding for consideration of respondents' constitutional claim of intentional discrimination.

Justice Blackmun, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join, dissenting.

Five Justices today agree that the size of a governing body is a "standard, practice, or procedure" under § 2 of the Voting Rights Act of 1965 (Act), as amended, 42 U. S. C. § 1973. A different five Justices decide, under three separate theories, that voting rights plaintiffs cannot bring § 2 dilution challenges based on size. I, however, believe that the Act, its history, and our own precedent require us to conclude not only that the size of a governing body is a "standard, practice, or procedure" under § 2, but also that minority voters may challenge the dilutive effects of this practice by demonstrating their potential to elect representatives under an objectively reasonable alternative practice. Accordingly, I dissent from the Court's decision that minority voters cannot bring § 2 vote dilution challenges based on the size of an existing government body.

I

Section 2(a) of the Act prohibits the imposition or application of any "voting qualification or prerequisite to voting, or standard, practice, or procedure" that "results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color." 42 U. S. C. § 1973(a) (emphasis added). Section 5 parallels § 2 by requiring certain jurisdictions to preclear with the Attorney General a change in "any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting." 42 U. S. C. § 1973c (emphasis added). Under the broad inter-

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