Lawyer v. Department of Justice, 521 U.S. 567, 4 (1997)

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570

LAWYER v. DEPARTMENT OF JUSTICE

Opinion of the Court

reapportionment set forth in the State Constitution, see Fla. Const., Art. III, § 16(c) (1970), the attorney general of Florida petitioned the State Supreme Court for a declaration that the plan comported with state and federal law. That court approved the redistricting plan, while noting that time constraints imposed by the State Constitution precluded a full review of objections raised to the plan under § 2 of the Voting Rights Act of 1965, 79 Stat. 437, as amended, 42 U. S. C. § 1973. The court retained jurisdiction to entertain further objections to the plan. See In re Constitutionality of Senate Joint Resolution 2G, 597 So. 2d 276, 285-286 (Fla.), amended, 601 So. 2d 543 (Fla. 1992); Johnson v. De Grandy, 512 U. S. 997, 1001 (1994).

Since five Florida counties, including Hillsborough County where the city of Tampa is located, are covered jurisdictions under § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 42 U. S. C. § 1973c, see 28 CFR pt. 51, App. (1996); see also Johnson, supra, at 1001, n. 2, the state attorney general submitted the redistricting plan to the United States Department of Justice for preclearance. On June 16, 1992, the Department declined to preclear the proposed State Senate districts, on the grounds that the redistricting plan divided "politically cohesive minority populations" in the Hills-borough County area and failed to create a majority-minority district in that region. Letter from Assistant United States Attorney General John Dunne to Florida Attorney General Robert A. Butterworth (quoted in In re Constitutionality of Senate Joint Resolution 2G, supra, at 547 (Shaw, C. J., specially concurring)); see also De Grandy v. Wetherell, 815 F. Supp. 1550, 1556 (ND Fla. 1992), aff'd in part and rev'd in part, Johnson v. De Grandy, supra.

The Supreme Court of Florida then entered an order encouraging the state legislature to adopt a new plan to address the Justice Department's objection, and noting that if the legislature failed to act, the court itself would adopt a reapportionment plan. See 815 F. Supp., at 1556; see also

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