Branch v. Smith — O'Connor, J., Concurring in Part and Dissenting in Part

Summary

Justice O'Connor concurs in the judgment on preclearance grounds but dissents from the plurality's interpretation of the apportionment statutes. She agrees that 2 U.S.C. § 2c does not impliedly repeal 2 U.S.C. § 2a(c)(5) and argues that § 2a(c) mandates at-large elections until a state completes redistricting, which includes obtaining preclearance under the Voting Rights Act. She criticizes the plurality's 'imminence' reading of the statute as judicial legislation. Justice Stevens concurred in part and dissented in part, arguing § 2c impliedly repealed § 2a(c), while Justice Kennedy concurred in part, emphasizing preclearance procedures under the Voting Rights Act.