Morse v. Republican Party of Va., 517 U.S. 186, 26 (1996)

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Cite as: 517 U. S. 186 (1996)

Opinion of Stevens, J.

ute expressly identifies the "fifteenth amendment" as the constitutional provision the Act was designed to implement.26 Our cases dealing with the applicability of that Amendment to the selection of party candidates in States that engaged in the sort of voting discrimination that § 5 was designed to remedy are therefore directly relevant. See McCain v. Lybrand, 465 U. S. 236, 246 (1984) (interpreting Act "in light of its prophylactic purpose and the historical experience which it reflects"); Dougherty County Bd. of Ed. v. White, 439 U. S., at 37 (seeking "guidance from the history and purpose of the Act"). In a series of decisions known as the White Primary Cases, this Court applied the Fifteenth and Fourteenth Amendments to strike down a succession of measures by authorities in Texas to exclude minority voters from their nomination processes. These cases demonstrate that electoral practices implemented by political parties have the potential to "den[y] or abridg[e] the right to vote on account of race or color," which § 5 prohibits. 42 U. S. C. § 1973c (1988 ed.).

Nixon v. Herndon, 273 U. S. 536 (1927), involved the validity of a Texas statute enacted in 1923 that flatly provided " 'in no event shall a negro be eligible to participate in a Democratic party primary election held in the State of Texas,' " id., at 540. It took only a paragraph for Justice Holmes to conclude that it was "unnecessary to consider the Fifteenth Amendment, because it seems to us hard to imagine a more direct and obvious infringement of the Fourteenth." Id., at 540-541. Promptly after the announcement of that decision, the Texas Legislature responded to what it regarded as an emergency by replacing the invalid provision with a substitute that authorized the executive committee of every political party to determine "in its own way" who shall be "qualified to vote or otherwise participate in such political party." Nixon v. Condon, 286 U. S. 73, 82

26 "To enforce the fifteenth amendment to the Constitution of the United States, and for other purposes." 79 Stat. 437.

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