322
Opinion of the Court
of raising concerns about § 5's constitutionality, see Miller v. Johnson, 515 U. S. 900, 926-927. The Court's resolution of this issue renders it unnecessary to address appellants' challenge to the District Court's factual conclusion that there was no evidence of discriminatory but nonretrogressive intent. Pp. 328-336.
(b) The Court rejects appellants' contention that, notwithstanding that Bossier Parish I explicitly "le[ft] open for another day" the question whether § 5 extends to discriminatory but nonretrogressive intent, 520 U. S., at 486, two of this Court's prior decisions have already reached the conclusion that it does. Dictum in Beer, supra, at 141, and holding of Pleasant Grove v. United States, 479 U. S. 462, distinguished. Pp. 337-341.
7 F. Supp. 2d 29, affirmed.
Scalia, J., delivered the opinion of the Court, Part II of which was unanimous, and Parts I, III, and IV of which were joined by Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ. Thomas, J., filed a concurring opinion, post, p. 341. Souter, J., filed an opinion concurring in part and dissenting in part, in which Stevens, Ginsburg, and Breyer, JJ., joined, post, p. 341. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined, post, p. 373. Breyer, J., filed a dissenting opinion, post, p. 374.
Paul R. Q. Wolfson reargued the cause for appellant in No. 98-405. On the briefs on reargument was Solicitor General Waxman. With Mr. Wolfson on the briefs on the original argument were Mr. Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Underwood, Mark L. Gross, and Louis E. Peraertz.
Patricia A. Brannan reargued the cause for appellants in No. 98-406. With her on the briefs were John W. Borkowski, Barbara R. Arnwine, Thomas J. Henderson, and Edward Still.
Michael A. Carvin reargued the cause for appellee in both cases. With him on the brief were David H. Thompson, Craig S. Lerner, and Michael E. Rosman.
Justice Scalia delivered the opinion of the Court. These cases present the question whether § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 42 U. S. C.
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