Voting Rights Act Section 5 ruling [US DC]
3:46 PM ET
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
NORTHWEST AUSTIN MUNICIPAL )
UTILITY DISTRICT NUMBER ONE, )
)
Plaintiff, )
)
v. ) Civil Action No. 06-1384
) Three-judge court
MICHAEL B. MUKASEY, ) (PLF, EGS, DST)
Attorney General of the United States,
et al., ))
Defendants. )
__________________________________________)
Before: F
RIEDMAN and SULLIVAN, District Judges, and TATEL, Circuit Judge.Opinion for the Court filed by
Circuit Judge TATEL.OPINION
T
ATEL, Circuit Judge: Section 5 of the Voting Rights Act of 1965 prohibits“covered jurisdictions”—those states and political subdivisions with histories of racial
discrimination in voting—from making any change in their voting procedures without
first demonstrating to either the Attorney General or a three-judge panel of this court that
the change “neither has the purpose nor will have the effect of denying or abridging the
right to vote on account of race or color.” 42 U.S.C. § 1973c. Plaintiff, a municipal
utility district in Texas, a covered jurisdiction, seeks a declaratory judgment exempting it
from section 5’s “preclearance” obligation. In the alternative, plaintiff challenges section
5’s constitutionality, arguing that when Congress extended the provision in 2006 it lacked