Legal Opinion · Concurring in part, dissenting in part

City of Lockhart v. United States

Supreme Court of the United States

Decided February 23, 1983No. 81-802Published

1Concurring in part, dissenting in partJustice Marshall

I disagree fundamentally with the Court’s view that § 5 of the Voting Rights Act permits jurisdictions with a history of voting discrimination to adopt new voting schemes which perpetuate that discrimination. Congress intended the pre-clearance requirement to be a powerful measure for advancing the goals of the Fifteenth Amendment, and specifically reaffirmed that intention when it reenacted the Voting *137Rights Act in 1982. By holding that § 5 forbids only electoral changes that increase discrimination, the Court reduces § 5 to a means of maintaining the status quo. Because the Court’s…

2Cases cited9 opinions

  1. South Carolina v. KatzenbachSupreme Court of the United States · 1966
  2. Allen v. State Board of ElectionsSupreme Court of the United States · 1968
  3. White v. RegesterSupreme Court of the United States · 1973
  4. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
  5. Lane v. WilsonSupreme Court of the United States · 1939

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