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Beer v. United States, 425 U.S. 130 (1976)
The Voting Rights Act, or VRA, established preclearance procedures for certain state and local election laws. In Beer versus United States, the US Supreme Court for the first time applied these preclearance procedures to an electoral redistricting plan.
New Orleans had five city-council voting districts, each of which elected one council member. Two additional members were elected at large. Although the city’s population was nearly half Black, no Black candidate was elected to the council between 1960 and 1970.
The city redrew the council districts after the 1970 census, settling on a reapportionment scheme called Plan II. That plan yielded two districts in which Blacks were a majority of the population, and one district in which Blacks were a majority of registered voters.
Under the VRA, the city had to obtain preclearance in one of two ways before implementing the plan. First, the city could obtain preclearance if it submitted the plan to the US attorney general and received no objection. Second, the city could obtain a declaratory judgment from the US District Court for the District of Columbia that the plan didn’t violate the VRA.
The city submitted Plan II to the attorney general, who objected to it on the grounds that it diluted Black voting power.
The city then sought a declaratory judgment instead. The district court dismissed the case, which effectively denied preclearance and prevented Plan II from taking effect. The Supreme Court noted probable jurisdiction.
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