Riley v. Kennedy (2007)
- Docket
- 07-77
- Decided
- 2007-01-01
Summary
Question: Under the Voting Rights Act of 1965, was the State of Alabama required to preclear two Alabama Supreme Court decisions invalidating state and local laws creating a special election for local officials in an action against the Governor of Alabama challenging the legality of those elections? Conclusion: No. The Court characterized the Alabama law permitting the local elections as a "temporary misapplication of state law" and held that such a law was not in "force or effect" even if actually implemented by state election officials. Because the law never gained force or effect, it did not represent a change from the baseline and therefore Alabama's reinstatement of its prior practice did not require preclearance. The 7-2 opinion was written by Justice Ruth Bader Ginsburg with a dissent by Justice John Paul Stevens in which Justice David Souter joined.