Supreme Court of the United States

Branch v. Smith — Stevens, J., Concurring

March 31, 2003538 U.S. 254

Summary

Justice Stevens concurred in the judgment, reasoning that 2 U.S.C. § 2c impliedly repealed § 2a(c) and pre-empted state laws authorizing at-large elections based on irreconcilable conflict and legislative history. He did not join Parts III-B or IV of the plurality opinion. Justice O'Connor concurred in part and dissented in part, arguing § 2c and § 2a(c) could coexist; Justice Kennedy concurred on the preclearance issue.