Cite as: 538 U. S. 254 (2003)
Opinion of O'Connor, J.
Section 2a(c) applies "[u]ntil a State is redistricted in the manner provided by the law thereof." Section 2c applies after a State has "redistricted in the manner provided by the law thereof."
As both the plurality and Justice Stevens recognize, an implied repeal can exist only if the "provisions in the two acts are in irreconcilable conflict" or if "the later act covers the whole subject of the earlier one and is clearly intended as a substitute." Posadas v. National City Bank, 296 U. S. 497, 503 (1936). See also ante, at 273 (plurality opinion); ante, at 285 (Stevens, J., concurring in part and concurring in judgment). Indeed, " 'when two statutes are capable of co-existence, it is the duty of the courts . . . to regard each as effective.' " Radzanower v. Touche Ross & Co., 426 U. S. 148, 155 (1976) (quoting Morton v. Mancari, 417 U. S. 535, 551 (1974)). We have not found any implied repeal of a statute since 1975. See Gordon v. New York Stock Exchange, Inc., 422 U. S. 659. And outside the antitrust context, we appear not to have found an implied repeal of a statute since 1917. See Lewis v. United States, 244 U. S. 134. Because it is not difficult to read §§ 2a(c) and 2c in a manner that gives force to both statutes, § 2c cannot impliedly repeal § 2a(c). See, e. g., United States v. Burroughs, 289 U. S. 159, 164 (1933) ("[I]f effect can reasonably be given to both statutes, the presumption is that the earlier is intended to remain in force"); Radzanower v. Touche Ross & Co., supra, at 155 ("Repeal is to be regarded as implied only if necessary to make the [later enacted law] work, and even then only to the minimum extent necessary. This is the guiding principle to reconciliation of the two statutory schemes" (alteration in original and internal quotation marks omitted)).
The previous versions of §§ 2c and 2a(c) confirm that an implied repeal does not exist here. Since 1882, versions of §§ 2c and 2a(c) have coexisted. Indeed, the 1882, 1891, 1901, and 1911 apportionment statutes all contained the single-member district requirement as well as the at-large default
293
Page: Index Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NextLast modified: October 4, 2007