Cite as: 517 U. S. 186 (1996)
Kennedy, J., dissenting
what Justices Stevens and Breyer say, all that the phrase in § 14 shows is that some portion of the Act reaches private, political-party conduct; and all that the phrase in § 2 shows is that (at least in some circumstances) §2 does so. Nothing in the text, nor anything in the assumption that Congress must have addressed political-party activity, compels the conclusion that Congress addressed political-party activity in the preclearance, prior-restraint scheme of § 5,4 which is of course the only question immediately before us. Thus, the only real credulity strainer involved here is the notion that Congress would impose a restraint bearing a "heavy presumption against its constitutional validity," Bantam Books, 372 U. S., at 70, in such a backhanded fashion— saying simply "State[s]" and "political subdivision[s]" in § 5, but meaning political parties as well. Because I find that impossible to believe, I respectfully dissent.
Justice Kennedy, with whom The Chief Justice joins, dissenting.
I join Part II of Justice Thomas' dissent, which demonstrates that § 10 of the Voting Rights Act, 42 U. S. C. § 1973h (1988 ed.), does not create a private right of action, post, at 286-289.
With respect to § 5 of the Act, § 1973c, this statutory construction case does not require us to explore the full reach
4 The Court majority would respond, perhaps, that the phrase "State or political subdivision" in § 5 should be read to have the same meaning that it has in § 2. Of course it normally should. But if the majority fancies itself confronted with the choice between departing from that general rule of construction (which, like all rules of construction, can be overcome by other indication of statutory intent, see, e. g., Helvering v. Stockholms Enskilda Bank, 293 U. S. 84, 86-88 (1934)) and violating the inflexible principle that courts should not needlessly interpret a statute to impose a prior restraint upon private political activity, it is not debatable where the outcome must lie. Of course, the imagined conflict between the rule and the principle disappears if "State or political subdivision" is given its natural meaning in both § 5 and § 2, subjecting political parties to neither.
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