Lopez v. Monterey County, 519 U.S. 9, 16 (1996)

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24

LOPEZ v. MONTEREY COUNTY

Opinion of the Court

129, n. 3 (1983); United States v. Board of Supervisors of Warren Cty., 429 U. S. 642, 645-647 (1977) (per curiam); Perkins, supra, at 385; Allen, supra, at 558-559. The goal of a three-judge district court facing a § 5 challenge must be to ensure that the covered jurisdiction submits its election plan to the appropriate federal authorities for preclearance as expeditiously as possible.

In this case, nearly five years after appellants brought their challenge, neither the Attorney General nor the District Court for the District of Columbia has yet made any findings regarding the retrogressive effect—or lack thereof—of the consolidation ordinances adopted between 1972 and 1983. The County dismissed its declaratory judgment action before the District Court for the District of Columbia made any findings, and it has never submitted the consolidation ordinances to the Attorney General for review. Although the District Court initially ordered the County to obtain preclearance of the ordinances, when the County failed to follow through, the District Court did not enforce its order.

The District Court itself holds some responsibility for protracting this litigation. Because of its concern that the judicial election plans proposed by the County and appellants unnecessarily conflicted with California law, the District Court several times ordered the parties to submit to it an election plan that complied both with § 5's substantive requirements and with state law, before the County submitted the plan to federal officials. In so doing, it interposed itself into the § 5 approval process in a way that the statute does not contemplate. Cf. Upham v. Seamon, 456 U. S. 37, 42-43 (1982) (per curiam); United States v. Board of Supervisors of Warren Cty., supra, at 645-647; Perkins, 400 U. S., at 385. In their briefs, both parties raise detailed arguments regarding the effect of the consolidation ordinances on the County's minority voters, but § 5 requires either the Attorney General or the District Court for the District of Columbia to resolve

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