Georgia v. United States

After the 1970 census, the State of Georgia (defendant) created a reapportionment plan for several of its electoral districts, including those for the Georgia House of Representatives (house). The state submitted the plan to the attorney general of the United States (attorney general) (plaintiff) for review pursuant to § 5 of the Voting Rights Act of 1965 (act). The attorney general rejected the plan, citing several justifications, including his inability to conclude that the plan did not have a discriminatory racial effect on voting. Georgia enacted a new plan that reorganized voting districts and replaced certain single-member districts with multimember districts. The attorney general rejected the new plan, this time citing only his inability to conclude that the plan did not have a discriminatory racial effect on voting. Georgia decided to use the plan despite the attorney general’s findings, and the attorney general sought an injunction in federal court. The district court granted the injunction, reasoning that Georgia had violated § 5 by failing to obtain preclearance for the plan. Georgia appealed, arguing, among other things, that § 5 did not apply to reapportionment. The United States Supreme Court noted probable jurisdiction and stayed the enforcement of the district court’s judgment pending resolution of the appeal. Elections were held pursuant to the plan while the appeal was pending.