Georgia v. United States

Background

The U.S. Attorney General sued the State of Georgia to stop elections under Georgia’s 1972 plan for its House of Representatives. Georgia had first submitted a 1971 redistricting plan; the Justice Department asked for more data and objected. Georgia then passed a 1972 plan and resubmitted it; the Attorney General again objected. A three-judge federal court enjoined use of the 1972 plan because Georgia, covered by the Voting Rights Act’s Section 5, had not received federal clearance. Georgia appealed.

Reasoning

The Court addressed whether Section 5 — which requires covered States to get federal approval before changing voting “standards, practices, or procedures” — applies to state reapportionment. Relying on prior decisions (Allen and Katzenbach), the Court concluded that reapportionment changes that can dilute Black voting power fall within Section 5. It also held the Attorney General’s written regulations setting submission rules, assigning the burden of proof to the submitting State, and pausing the 60-day clock until a complete submission are reasonable. Because the Assistant Attorney General properly objected under those rules and within the regulated time frame, the objection was lawful and the injunction was affirmed.

Real world impact

States covered by Section 5 must obtain either the Attorney General’s clearance or a favorable declaratory judgment before putting new legislative maps into effect. In practice this blocked Georgia’s 1972 House elections until federal approval or court clearance, protecting minority voters from map changes that might dilute their votes. The Court recognized the order is a preclearance enforcement measure and did not require new elections already held under the Court’s earlier stay.

Dissents or concurrances

Several Justices dissented or stressed limits: some argued the Attorney General should make an affirmative finding of discrimination before objecting, and others warned about federal intrusion on state lawmaking.