Holder v. Hall, 512 U.S. 874, 77 (1994)

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950

HOLDER v. HALL

Blackmun, J., dissenting

body.2 It is not surprising that no party to this case argued that the size of a governing authority is not a "standard, practice, or procedure."

In light of this consistent and expansive interpretation of the Act by this Court, Congress, and the Attorney General, the Act's "all-inclusive" definition of "standard, practice, or procedure" cannot be read to exclude threshold coverage of challenges to the size of a governing authority. As five Members of the Court today agree, the size of a governing authority is a "standard, practice, or procedure" with respect to voting for purposes of § 2 as well as § 5 of the Voting Rights Act.

II

Although five Justices agree that the size of a governing body is a "standard, practice, or procedure" under § 2, a like number of Justices conclude, under varying rationales, that Voting Rights plaintiffs nonetheless cannot bring size challenges under § 2. This conclusion is inconsistent with our precedent giving the Act " 'the broadest possible scope' in combating racial discrimination," Chisom, 501 U. S., at 403, quoting Allen, 393 U. S., at 567, and with the vote-dilution

2 See Hearings on S. 1992 before the Subcommittee on the Constitution of the Senate Committee on the Judiciary, 97th Cong., 2d Sess., 1748 (1982) (noting Attorney General's objection in 1971 to proposed reduction in the size of a school board); id., at 1751 (1971 objection to expansion of a parish council); id., at 1782 (1980 objection to decrease in number of city council members); id., at 1384-1385 (the Voting Rights Act afforded protection against "[s]hifts from ward to at-large elections, from plurality win to majority vote, from slating to numbered posts, annexations and changes in the size of electoral bodies," that "could . . . deprive minority voters of fair and effective procedures for electing candidates of their choice") (statement of Drew S. Days III, former Assistant Attorney General for Civil Rights) (emphasis added).

Since covered jurisdictions routinely have submitted changes in the size of their legislative bodies for preclearance, it is not surprising that petitioners concede that a change in the size of the Bleckley County Commission would be subject to § 5 preclearance. Tr. of Oral Arg. 4, 13.

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