268
Opinion of the Court
even if California were correct that a partially covered State, like itself, cannot seek a § 4(a) exemption from the Act's coverage on behalf of its covered counties, this would not advance the State's constitutional claim, since there is no question that the County may avail itself of § 4(a)'s "bailout" provision. The State also errs in asserting that certain of this Court's prior decisions require a covered jurisdiction to exercise some discretion or policy choice in order to trigger § 5's preclearance requirements. Young v. Fordice, 520 U. S. 273, 284, and City of Monroe v. United States, 522 U. S. 34, distinguished. Nor can the State benefit here from the exception to the preclearance requirement that this Court has recognized for voting changes crafted by federal district courts. Connor v. Johnson, 402 U. S. 690, 691, and McDaniel v. Sanchez, 452 U. S. 130, 153, distinguished. Pp. 282-287. Reversed and remanded.
O'Connor, J., delivered the opinion of the Court, in which Stevens, Scalia, Souter, Ginsburg, and Breyer, JJ., joined. Kennedy, J., filed an opinion concurring in the judgment, in which Rehnquist, C. J., joined, post, p. 288. Thomas, J., filed a dissenting opinion, post, p. 289.
Joaquin G. Avila argued the cause for appellants. With him on the briefs were Denise Hulett and Robert Rubin.
Paul R. Q. Wolfson argued the cause for the United States as amicus curiae urging reversal. With him on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Hodgkiss, Deputy Solicitor General Underwood, Mark L. Gross, Rebecca K. Troth, and Louis E. Peraertz.
Daniel G. Stone, Deputy Attorney General of California, argued the cause for the state appellee. With him on the brief were Daniel E. Lungren, Attorney General, Linda A. Cabatic, Senior Assistant Attorney General, and Marsha A. Bedwell, Supervising Deputy Attorney General. Douglas C. Holland filed a brief for appellee Monterey County.*
Justice OTMConnor delivered the opinion of the Court. Under the Voting Rights Act of 1965 (Act or Voting Rights Act), 79 Stat. 437, as amended, 42 U. S. C. § 1973 et seq., des*Deborah J. La Fetra filed a brief for the Pacific Legal Foundation as amicus curiae urging affirmance.
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