Cite as: 538 U. S. 254 (2003)
Kennedy, J., concurring
421 U. S. 656 (1975) (per curiam); United States v. Board of Supervisors of Warren Cty., 429 U. S. 642, 646-647 (1977) (per curiam); Connor v. Finch, 431 U. S. 407, 412 (1977); Wise v. Lipscomb, 437 U. S. 535, 542 (1978) (opinion of White, J.); see also post, at 292 (O'Connor, J., concurring in part and dissenting in part). Once the District Court found no preclearance, it was premature, given this statutory scheme, for the court to consider the constitutional question. Where state reapportionment enactments have not been precleared in accordance with § 5, the district court "err[s] in deciding the constitutional challenges" to these acts. Connor v. Waller, supra, at 656.
The rule prescribed by Connor reflects the purposes behind the Voting Rights Act. Concerned that "covered jurisdictions would exercise their ingenuity to devise new and subtle forms of discrimination, Congress prohibited those jurisdictions from implementing any change in voting procedure without obtaining preclearance under § 5." Hathorn v. Lovorn, 457 U. S. 255, 268 (1982). A jurisdiction covered by § 5 must seek approval of either the Attorney General of the United States or the United States District Court for the District of Columbia. See, e. g., Clark v. Roemer, 500 U. S. 646, 652 (1991); Lopez v. Monterey County, 519 U. S. 9, 12 (1996). Absent preclearance, a voting change is neither effective nor enforceable as a matter of federal law. Connor v. Waller, supra, at 656; Board of Supervisors, supra, at 645; Finch, supra, at 412; Wise, supra, at 542; Hathorn, supra, at 269; Clark, supra, at 652; post, at 311-312 (O'Connor, J., concurring in part and dissenting in part). The process, in particular the administrative scheme, is designed to " 'giv[e] the covered State a rapid method of rendering a new state election law enforceable.' " Georgia v. United States, 411 U. S. 526, 538 (1973) (quoting Allen v. State Bd. of Elections, 393 U. S. 544, 549 (1969)). To be consistent with the statutory scheme, the district courts should not entertain constitutional challenges to nonprecleared voting changes and in
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