National Association for the Advancement of Colored People et al. v. Hampton County Election Commission et al. (470 U.S. 166)
U.S. Supreme Court · decided February 27, 1985 · Supreme Court Database (Spaeth)
- Citation
- 470 U.S. 166 · 105 S. Ct. 1128
- Decided
- February 27, 1985
- Term
- October Term 1984
- Vote
- 9–0
- Majority author
- Justice White
- Issue area
- Civil Rights
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice White delivered the opinion of the Court. This appeal challenges a three-judge District Court’s construction and application of §5 of the Voting Rights Act, 79 Stat. 437, as amended, 42 U. S. C. § 1973c. That section provides that certain jurisdictions, including the one in which this case arose, may not implement any election practices different from those in force on November 1, 1964, without first obtaining approval from the United States District Court for the District of Columbia or, alternatively, from the Attorney General. The statute further provides that once a proposed change has been submitted to the Attorney General, he has 60 days in which to object. If an objection is interposed, the submitting authority may request reconsideration. 28 CFR § 51.44 (1984). Such a request triggers another 60-day period for the Attorney General to decide whether to continue or withdraw his objection. § 51.47. The District Court held that §5 did not require the changes in election practices involved here to be cleared by the Attorney General prior to their implementation. We noted probable jurisdiction, 467 U. S. 1250 (1984), and now reverse that judgment. I — I As of November 1, 1964, the Hampton County, South Carolina, public schools were governed by appointed officials and an elected Superintendent of Education. The county comprises two school districts, School District…
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