Page:United States Reports 502 OCT. TERM 1991.pdf/669

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Cite as: 502 U. S. 491 (1992)

511

Stevens, J., dissenting

“modern times.” App. to Juris. Statement of Appellant Presley 4a. Because of the three resolutions at issue in these cases—two adopted in Etowah County after Commissioner Presley’s election and one adopted in Russell County before the election of Commissioners Mack and Gosha—none of the three newly elected black commissioners was able to exercise the decisionmaking authority that had been traditionally associated with his office. As I shall explain, this is a case in which a few pages of history are far more illuminating than volumes of logic and hours of speculation about hypothetical line-drawing problems. Initially, however, it is important to note that a different decision in these cases would not impose any novel or significant burden on those jurisdictions that remain covered under § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 42 U. S. C. § 1973c.1 Prior to these cases, federal courts had uniformly agreed with the Attorney General’s interpretation that § 5 covered transfers of decisionmaking power that had a potential for discrimination against minority voters.2 On at least eight 1 Alabama, like the other States that are covered under § 5, was placed in that category because of its history of “substantial voting discrimination.” South Carolina v. Katzenbach, 383 U. S. 301, 329 (1966). 2 See Horry County v. United States, 449 F. Supp. 990 (D. C. 1978) (statute providing for election of public officials who were formerly appointed by Governor required preclearance under § 5); Hardy v. Wallace, 603 F. Supp. 174 (ND Ala. 1985) (statute changing appointive power over local racing commission from local legislative delegation to Governor required preclearance under § 5); County Council of Sumter County v. United States, 555 F. Supp. 694 (D. C. 1983) (law that eliminated legal power of Governor and General Assembly over local affairs and vested it in county council elected at large by county voters required preclearance under § 5); Robinson v. Alabama State Dept. of Ed., 652 F. Supp. 484 (MD Ala. 1987) (transfer of authority from Board of Education whose members were elected countywide to one whose members were appointed by the city council required § 5 preclearance).