Georgia v. Ashcroft
The State of Georgia submitted its plan for redistricting the state senate to a three-judge panel for judicial preclearance. The court initially declined preclearance, finding that the plan violated section 5 of the Voting Rights Act. At the request of the State of Georgia, the court maintained jurisdiction of the case and permitted the State to file a new reapportionment plan within twenty days. The court then granted a declaratory judgment that the revised Senate redistricting plan, Georgia Act No. 444, does not "have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color" or membership in a language minority group.
Questions Presented:
1. Whether section 5 of the Voting Rights Act requires the drawing of safe majority-minority districts with super majority-minority populations rather than districts that afford minorities equal
opportunities at success?
2. Whether section 5 can be constitutionally construed to require the drawing of supermajority-minority legislative districts in order to create safe seats rather than seats that afford minorities
equal opportunities at success?
3. Whether private parties should be allowed to intervene in a section 5 preclearance action and assume the role and authority of the Attorney General?
