LOPEZ v. MONTEREY COUNTY

No. 97-1396.

525 U.S. 266 (1999)

LOPEZ et al. v. MONTEREY COUNTY et al.

United States Supreme Court.

Decided January 20, 1999.


Attorney(s) appearing for the Case

Joaquin G. Avila argued the cause for appellants. With him on the briefs were Denise Hulett and Robert Rubin.

Paul R. Q. Wolfson argued the cause for the United States as amicus curiae urging reversal. With him on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Hodgkiss, Deputy Solicitor General Underwood, Mark L. Gross, Rebecca K. Troth, and Louis E. Peraertz.

Daniel G. Stone, Deputy Attorney General of California, argued the cause for the state appellee. With him on the brief were Daniel E. Lungren, Attorney General, Linda A. Cabatic, Senior Assistant Attorney General, and Marsha A. Bedwell, Supervising Deputy Attorney General. Douglas C. Holland filed a brief for appellee Monterey County.*

O'Connor, J., delivered the opinion of the Court, in which Stevens, Scalia, Souter, Ginsburg, and Breyer, JJ., joined. Kennedy, J., filed an opinion concurring in the judgment, in which Rehnquist, C. J., joined, p. 288. Thomas, J., filed a dissenting opinion, p. 289.


JUSTICE O'CONNOR, delivered the opinion of the Court.

Under the Voting Rights Act of 1965 (Act or Voting Rights Act), 79 Stat. 437, as amended, 42 U. S. C. § 1973 et seq., designated States and political subdivisions are required to obtain federal preclearance before giving effect to changes in their voting laws. See § 1973c. Here, the State of California (California or State), which is not subject to the...

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