Reno v. Bossier Parish School Bd., 528 U.S. 320, 22 (2000)

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Cite as: 528 U. S. 320 (2000)

Opinion of Souter, J.

operation of the status quo) against new minority voters in the future. Like the dictum from Beer, therefore, Pleasant Grove is simply inapposite here.

* * *

In light of the language of § 5 and our prior holding in Beer, we hold that § 5 does not prohibit preclearance of a redistricting plan enacted with a discriminatory but nonretrogressive purpose. Accordingly, the judgment of the District Court is affirmed.

It is so ordered.

Justice Thomas, concurring.

The Bossier Parish School Board first sought preclearance of the redistricting plan at issue in this litigation almost seven years ago. The Justice Department and private appellants opposed that effort, arguing throughout this litigation that a "safe" majority-minority district is necessary to ensure the election of a black school board member. Ironically, while this litigation was pending, three blacks were elected from majority-white districts to serve on the Bossier Parish School Board. Although these election results are not part of the record, they vividly illustrate the fact that the federal intervention that spawned this litigation was unnecessary.

Justice Souter, with whom Justice Stevens, Justice Ginsburg, and Justice Breyer join, concurring in part and dissenting in part.

Under § 5 of the Voting Rights Act of 1965, 42 U. S. C. § 1973c, a jurisdiction required to obtain preclearance of changes to its voting laws must show that a proposed amendment will not have the effect, and does not reflect a purpose, to deny or abridge the vote on account of race. I respectfully dissent 1 from the Court's holding that § 5 is indifferent

1 I agree with the Court's conclusion on the matter of mootness.

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