John Roy Harper, II v. Edward H. Levi, Attorney General of the United States, (Two Cases)

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This case presents issues, never before tendered to this court, concerning executive enforcement of Section 5 of the Voting Rights Act of 1965.1 Appellees2 filed a class action in the District Court seeking review, pursuant to Section 10 of the Administrative Procedure Act,3 of a *56decision by the then Attorney General to forego objection under Section 5 to a proposed reapportionment of the South Carolina Senate. The Attorney General had independently concluded that the reapportionment was proscribed by Section 5, but nevertheless had “deferred” to the…