262
Thomas, J., dissenting
quire all "established" political parties, ante, at 219, in designated States to preclear all changes " 'affecting voting,' " ante, at 227. See also ante, at 238 (Breyer, J.) (suggesting that political groups that receive state-law preferences in access to, and placement on, the ballot must preclear "voting-related" changes). As the Solicitor General candidly acknowledged, an "affecting-voting" or "voting-related" rule cannot be limited to practices administered at conventions; it logically extends to practices at all local mass meetings that precede conventions. See Brief for United States as Amicus Curiae 20, n. 11. And almost all activity that occurs at a nominating convention theoretically affects voting; indeed, Justice Stevens is unable to articulate any principled dividing line between that which does and does not relate to voting at a convention. See ante, at 227. Thus, today's decision will increase exponentially the number of preclearance requests, for even the most innocuous changes, that the Attorney General must process within a statutorily limited amount of time. See 42 U. S. C. § 1973c (60 days). "[I]t is certainly reasonable to believe that Congress, having placed a strict time limit on the Attorney General's consideration of submissions, also deliberately placed a limit on the number and importance of the submissions themselves. This result was achieved by restricting the reach of § 5 to enactments of either the States themselves or their political subdivisions." Sheffield, supra, at 148 (Stevens, J., dissenting). That the inclusion of political parties under § 5 de-means the preclearance regime and so drastically increases its scope substantially undermines the possibility that Congress intended parties to preclear.
Without so much as a nod to the explicit "State or political subdivision" limitation in § 5, Justice Stevens substitutes the administrative regulation as the analytical starting point in this case. See ante, at 194-195. He apparently does so because the Party failed to challenge the regulation and its counsel stated at oral argument that § 5 could sometimes encompass political parties. See ante, at 194-195, 220, n. 32,
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