c10:No. 80-180

Justice Stewart,
with whom Justice Rehnquist joins,
dissenting.
In East Carroll Parish School Bd. v. Marshall, 424 U. S. 636, 638-639, n. 6, the Court expressly stated that a reapportionment scheme which is submitted and adopted pursuant to a court order does not have to be approved through the preclearance procedures of § 5 of the Voting Rights Act. This statement represented the deliberate and considered view of the Court, as demonstrated by the presence of a separate opinion in the case questioning the Court’s resolution of the issue. See id., at 640 (concurring opinion). Because I believe that what the Court said in the East Carroll case expressly controls the result in this case, I respectfully dissent.

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