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Lopez Vs. Monterey County
Cites for this judgment
- US Supreme Court
- Oct 08, 1996
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Lopez v. MontereySearch
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County - 519 U.S. 9 (1996) October Term, 1996 Syllabus Lopez Et Al. V. MontereySearch
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s order that the County conduct elections under its unprecleared, at-large judicial election plan conflicts with Clark v. RoemerSearch
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crafted a remedial electoral plan such as might render the preclearance requirements inapplicable, see McDaniel v. SanchezSearch
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and if the requirements were not satisfied, what temporary remedy, if any, is appropriate. See City of Lockhart v. UnitedSearch
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approval process in a way that the statute does not contemplate. Cf., e. g., Upham v. SeamonSearch
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Koski v. JamesSearch
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precedent, these previous consolidation ordinances do not appear to have received federal preclearance approval. Clark v. RoemerSearch
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not expired by June 1995.) Shortly after the June 1995 special election, this Court issued its decision in Miller v. JohnsonSearch
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No new voting practice is enforceable unless the covered jurisdiction has succeeded in obtaining preclearance. Clark v. RoemerSearch
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plaintiffs are entitled to an injunction prohibiting implementation of the change. Clark v. RoemerSearch
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supra, at 652-653 (citing Allen v. StateSearch
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under the unprecleared, at-large judicial election plan conflicts with these principles and with our decision in Clark v. RoemerSearch
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judicial preclearance. Id., at 655. We acknowledged in Clark that earlier decisions such as Perkins v. MatthewsSearch
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U. S. 379 (1971), and Berry v. DolesSearch
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requirements may not apply where a district court independently crafts a remedial electoral plan. McDaniel v. SanchezSearch
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provides no further remedy. Allen v. StateSearch
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that court lacks authority to consider the discriminatory purpose or nature of the changes. Perkins v. MatthewsSearch
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United States v. BoardSearch
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approval process in a way that the statute does not contemplate. Cf. Upham v. SeamonSearch
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designated by Congress. The requirement of federal scrutiny should be satisfied without further delay. See Berry v. DolesSearch
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Syllabus Lopez Et Al. V. MontereySearch
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Clark v. RoemerSearch
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See City of Lockhart v. UnitedSearch
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Miller v. JohnsonSearch
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Allen v. StateSearch
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and Berry v. DolesSearch
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Cf. Upham v. SeamonSearch
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See Berry v. DolesSearch
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McDaniel v. SanchezSearch
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