Cite as: 517 U. S. 186 (1996)
Thomas, J., dissenting
which could easily have been averted today, will involve yet another Voting Rights Act conundrum of our own making.23
When leveled against wholly private partisan organizations with respect to their internal affairs, § 5's potential for use as an instrument of political harassment should be obvious to all. I have no doubt that § 5 was never intended for such purposes. Rather, that section was aimed at preventing covered States from intentionally and systematically evading the guarantees of the Voting Rights Act by simply recasting their election laws. This suit, along with the ones certain to follow, trivializes that goal. I respectfully dissent.
291
23 Apart from the preclearance issues that the Court leaves unresolved, today's judgment raises additional questions under the Voting Rights Act, since the phrase "State or political subdivision" is used in several other key provisions. For instance, may political parties bring a declaratory judgment action under § 5 as an alternative to preclearance? See 42 U. S. C. § 1973c. May political parties bring a "bailout suit" for exclusion from the category of covered jurisdictions? See § 1973b(a). Are political parties subject to suit under § 2? See § 1973(a). Can a three-judge district court authorize the appointment of federal examiners to monitor a political party's activities during the pendency of, and as part of a final judgment in, a voting rights suit? See § 1973a(a). Quite apparently, the Court has not stopped to consider the ramifications of its decision.
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