City of Monroe, et al. v. United States (522 U.S. 34)

U.S. Supreme Court · decided November 17, 1997 · Supreme Court Database (Spaeth)

Citation
522 U.S. 34 · 118 S. Ct. 400
Decided
November 17, 1997
Term
October Term 1997
Vote
7–2
Issue area
Civil Rights
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Per Curiam. The United States claims the city of Monroe, Georgia, did not seek preclearance for majority voting in mayoral elections, as required by § 5 of the Voting Rights Act of 1965, 79 Stat. 439, as amended, 42 U. S. C. § 1973c. The Government seeks to enjoin majority voting and to require Monroe to return to the plurality system it had once used. A three-judge District Court for the Middle District of Georgia agreed with the Government and granted summary judgment. 962 P. Supp. 1501 (1997). The District Court rejected Monroe’s claim that the Attorney General’s preelearance of a 1968 statewide law encompassed Monroe’s adoption of a majority system. On Monroe’s motion, this Court stayed enforcement of the judgment. 521 U. S. 1138 (1997). The ease is now on appeal, and the judgment must be reversed. I The parties agree upon the facts. Until 1966, Monroe’s city charter did not specify whether a candidate needed a plurality or a majority vote to win a mayoral election. In practice, the city used plurality voting in its elections until 1966 and majority voting thereafter. In 1966, the General Assembly of Georgia amended the city’s charter to require majority voting in mayoral elections. 1966 Ga. Laws 2459. Because Monroe is a jurisdiction covered by § 5 of the Voting Rights Act, the change had to be preeleared. Georgia or Monroe could have sought preelearance by submitting…

Excerpt of a 9,197-character opinion. The full text and citation network load in the interactive viewer above.

← Back to the decisions database