Cite as: 525 U. S. 266 (1999)
Thomas, J., dissenting
Rights Act is applicable." Id., at 153. Although our holding in McDaniel is not obviously consistent with the text of § 5 as I would interpret it, it at least appears to be consistent with the policy that we have said underlies § 5. See Beer, supra, at 140. Regardless of whether the legislative product of a noncovered jurisdiction would ever be subject to the preclearance requirement if it could be demonstrated that a state law is a product of collusion between state and local governments, the record in this case does not support such a claim. And appellants did not make this argument, either in their complaint filed in the District Court 4 or in their briefs before this Court.
II
Moreover, my reading of § 5 avoids the majority's constitutionally doubtful interpretation. "[W]here a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is to adopt the latter." United States ex rel. Attorney General v. Delaware & Hudson Co., 213 U. S. 366, 408 (1909); see also Feltner v. Columbia Pictures Television, Inc., 523 U. S. 340, 355, 356-359 (1998) (Scalia, J., concurring in judgment).
Section 5 is a unique requirement that exacts significant federalism costs, as we have recognized on more than one occasion. See Bossier Parish, supra, at 480; Miller v. Johnson, supra, at 926; see also City of Rome v. United States, 446 U. S. 156, 200 (1980) (Powell, J., dissenting); United States v. Sheffield Bd. of Comm'rs, 435 U. S. 110, 141 (1978)
4 For somewhat similar reasons, even if I agreed with the majority's interpretation of the statute, I would still affirm the District Court's dismissal of appellants' first amended complaint, which did not ask that the County be ordered to preclear the State's laws. The only coverage question the complaint raised was whether the County's antecedent consolidation ordinances needed to be precleared. App. to Juris. Statement 83-104.
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