Cite as: 538 U. S. 254 (2003)
Syllabus
to "cove[r] the whole subject of the earlier one." Posadas v. National City Bank, 296 U. S. 497, 503. By prohibiting States with more than one Representative from electing Representatives at-large, the 1967 Act unambiguously forbids elections that § 2a(c)(5) would otherwise authorize. Thus, under either of Posadas' standards, the 1967 Act repealed the earlier § 2a(c)(5) and pre-empted Mississippi's law. Any fair reading of the history leading to the 1967 Act's passage shows that the parties believed that the changes they were debating would completely replace § 2a(c). The statute was the final gasp in a protracted legislative process. Four versions of the original bill expressly repealed § 2a(c), and there was no disagreement about that provision. When that bill did not pass, its less controversial parts, including what is now § 2c, were attached to a private bill. The absence of any discussion, debate, or reference to the repeal provision in the legislative process prevents its omission from the final private bill as being seen as a deliberate choice by Congress. Pp. 285-292.
Scalia, J., announced the judgment of the Court and delivered the opinion for a unanimous Court with respect to Parts I and II, the opinion of the Court with respect to Part III-A, in which Rehnquist, C. J., and Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined, and an opinion with respect to Parts III-B and IV, in which Rehnquist, C. J., and Kennedy and Ginsburg, JJ., joined. Kennedy, J., filed a concurring opinion, in Part II of which Stevens, Souter, and Breyer, JJ., joined, post, p. 282. Stevens, J., filed an opinion concurring in part and concurring in the judgment, in which Souter and Breyer, JJ., joined, post, p. 285. O'Connor, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined, post, p. 292.
Robert B. McDuff argued the cause for appellants in No. 01-1437 and cross-appellees in No. 01-1596. With him on the briefs was Pamela S. Karlan.
James A. Feldman argued the cause for the United States as amicus curiae supporting cross-appellees. With him on the brief were Solicitor General Olson, Assistant Attorney General Boyd, Deputy Solicitor General Clement, Mark L. Gross, and Kevin Russell.
Michael B. Wallace argued the cause for appellees in No. 01-1437 and cross-appellants in No. 01-1596. With him
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