Cite as: 520 U. S. 471 (1997)
Opinion of Breyer, J.
Supreme Court of the United States and of other Federal courts." 28 CFR § 51.56 (1996). Thus, while I agree with the majority's decision not to defer to the Attorney General's standards, I would reach that result on different grounds.
Justice Breyer, with whom Justice Ginsburg joins, concurring in part and concurring in the judgment.
I join Parts I and II of the majority opinion, and Part III insofar as it is not inconsistent with this opinion. I write separately to express my disagreement with one aspect of the majority opinion. The majority says that we need not decide "whether the § 5 purpose inquiry ever extends beyond the search for retrogressive intent." Ante, at 486. In my view, we should decide the question, for otherwise the District Court will find it difficult to evaluate the evidence that we say it must consider. Cf. post, at 508 (Stevens, J., dissenting in part and concurring in part). Moreover, the answer to the question is that the "purpose" inquiry does extend beyond the search for retrogressive intent. It includes the purpose of unconstitutionally diluting minority voting strength.
The language of § 5 itself forbids a change in "any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting," where that change either (1) has the "purpose" or (2) will have the "effect" of "denying or abridging the right to vote on account of race or color." 42 U. S. C. § 1973c. These last few words reiterate in context the language of the Fifteenth Amendment itself: "The right of citizens . . . to vote shall not be denied or abridged . . . on account of race [or] color . . . ." This use of constitutional language indicates that one purpose forbidden by the statute is a purpose to act unconstitutionally. And a new plan enacted with the purpose of unconstitutionally diluting minority votes is an unconstitutional plan. Mobile v. Bolden, 446 U. S. 55, 62-63, 66 (1980) (plurality opinion); ante, at 481-482.
493
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