Morse v. Republican Party of Va., 517 U.S. 186, 70 (1996)

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

Thomas, J., dissenting

of the term "political subdivision." Section 14(c)(2) states that " 'political subdivision' shall mean any county or parish," with certain exceptions not relevant here. 42 U. S. C. § 1973l(c)(2). As appellants' counsel explained at oral argument, the phrase "political subdivision" refers to "particular geographic regions" within a State, such as New York's Westchester County. Tr. of Oral Arg. 15-16. See also United States v. Sheffield Bd. of Comm'rs, supra, at 128, n. 15 (§ 14(c)(2) "obviously refer[s] to a geographic territory, and the usages of 'political subdivision' in the Act and the legislative history leave no doubt but that it is in this sense that Congress used the term").1 Given that limited understanding of "political subdivision," it would be odd indeed if the term "State," which immediately precedes "political subdivision," did not have an analogous meaning. The terms "State" and "political subdivision" should both be construed to refer solely to the various territorial divisions within a larger unit of territorially defined government.

There is further statutory evidence to support this interpretation of "State." The Act elsewhere speaks of the "territory" of a State or political subdivision. See, e. g., § 1973b(a)(1)(F) (referring to "such State or political subdivision and all governmental units within its territory") (emphasis added). Political parties, of course, are made up not of land, but of people. It is nonsensical to talk of things existing "within [the] territory" of a political party. Also, the definitional section of the Voting Rights Act Amendments of 1970, Pub. L. 91-285, 84 Stat. 316, indicates that Congress uses the word "State" in voting rights statutes to

1 There is thus no colorable argument in this case that the Party is a "political subdivision" within the meaning of § 14(c)(2); it is not a geographic territory, such as a "county or parish," within a State. Appellants assert no such claim, apparently in recognition of the weakness of the argument. If the Party falls under § 5, it could only be because it is a "State" or state actor, as appellants and the United States maintain. See infra, at 264.

255

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