Cite as: 535 U. S. 1301 (2002)
Opinion in Chambers
Rights Act, before elections are held. 355 N. C., at 385, 562 S. E. 2d, at 398.
Applicants contend that a stay is warranted because the Supreme Court of North Carolina's decision "defies the Voting Rights Act" and directs applicants "to violate the Voting Rights Act and to administer or enforce unprecleared state constitutional provisions." Application 13, 20. In support of these assertions, applicants rely on a 1981 Department of Justice (DOJ) letter that objected to the "whole county provision." In 1981, North Carolina submitted both its 1981 redistricting plan, which was faithful to the "whole county provision," and the "whole county provision" itself to the DOJ. The DOJ objected to both, stating that it was "unable to conclude that this amendment, prohibiting the division of counties in reapportionments, does not have a discriminatory purpose or effect." App. 2 to Application 1. The letter also stated that "until the objection is withdrawn or [a] judgment from the [United States District Court for the] District of Columbia is obtained, the effect of the objection by the Attorney General is to make the [whole county provision] legally unenforceable." Id., at 2.
The Supreme Court of North Carolina rejected applicants' view that this letter bars any consideration of the whole county provision in redistricting. In its view, other statements in the letter demonstrate that the letter "merely disallows a redistricting plan that adheres strictly to a 'whole county' criterion without complying with the [Voting Rights Act]." 355 N. C., at 374, 562 S. E. 2d, at 391. The court quoted the following statement from the DOJ letter: " 'This determination with respect to the jurisdictions covered by Section 5 of the Voting Rights Act should in no way be regarded as precluding the State from following a policy of preserving county lines whenever feasible in formulating its new districts. Indeed, this is the policy in many states, subject only to the preclearance requirements of Section 5,
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