Supreme Court of the United States

City of Rome v. United States

April 22, 1980446 U.S. 156

Summary

The Supreme Court affirmed the three‑judge district court’s summary‑judgment granting summary judgment to the United States, holding that Rome’s 1966 electoral changes and thirteen annexations have a discriminatory effect and that the city failed to meet its burden of proof. The Court also held that Rome cannot use the § 4(a) “bailout” provision because it is not a “State” or a separately‑covered political subdivision, and that the Attorney General’s 60‑day reconsideration period restarts when the city supplements its submission. Separate opinions dissent on the bailout interpretation and the scope of congressional power under the Fifteenth Amendment.

Holding

  • Whether a municipality that is part of a covered State may obtain a § 4(a) bailout from preclearance requirements.. The city of Rome may not use the § 4(a) bailout procedure because it is neither a "State" nor a political subdivision for which the coverage formula was applied separately.
  • Whether the Attorney General’s failure to object within 60 days after a supplemental reconsideration filing means the changes are precleared.. The 60‑day period under 28 C.F.R. § 51.3(d) restarts when the submitting jurisdiction supplies additional information, so the Attorney General’s objection was timely.
  • Whether § 5 of the Voting Rights Act prohibits voting practices that have only a discriminatory effect.. § 5 requires that a practice have neither discriminatory purpose nor discriminatory effect; a practice with only effect is prohibited.
  • Whether Congress has authority under § 2 of the Fifteenth Amendment to prohibit practices with discriminatory effect.. Congress may prohibit voting practices that have a discriminatory effect as an appropriate means of enforcing the Fifteenth Amendment.
  • Whether the Voting Rights Act’s preclearance provisions violate federalism principles articulated in National League of Cities.. The preclearance provisions do not violate federalism because Congress’s enforcement power under the Fifteenth Amendment supersedes the limitations identified in National League of Cities.

Docket 78-1840

Cited authorities

Read full opinionPDF