502us2$30I 09-08-95 14:43:50 PAGES OPINPGT
Cite as: 502 U. S. 491 (1992)
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Opinion of the Court routine matter of governmental administration that does not in itself render the Unit System a rule governing voting. Because the county commission retains substantial authority, including the power to appoint the county engineer and set his or her budget, this Court need not consider whether an otherwise uncovered enactment might under some circumstances rise to the level of a de facto replacement of an elected office with an appointive one, within the Bunton rule. Pp. 506–508. (d) Although the construction placed upon the Act by the Attorney General is ordinarily entitled to considerable deference, this Court need not defer to the United States’ interpretation that the changes at issue are covered by § 5, since that section is unambiguous with respect to the question whether it covers changes other than changes in rules governing voting: It does not. See, e. g., Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 842–844. Pp. 508–509. Affirmed. Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O’Connor, Scalia, Souter, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which White and Blackmun, JJ., joined, post, p. 510.
Edward Still argued the cause for appellants in both cases. With him on the briefs were Pamela Karlan, Lani Guinier, James U. Blacksher, and John C. Falkenberry. Robert A. Long, Jr., argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Dunne, Deputy Solicitor General Roberts, Deputy Assistant Attorney General Clegg, and David K. Flynn. Paul M. Smith argued the cause for appellees in both cases. With him on the brief for appellee Etowah County Commission were George Howell (Jack) Floyd and Mary Ann Ross Stackhouse. James W. Webb and Kendrick E. Webb filed a brief for appellee Russell County Commission.† Justice Kennedy delivered the opinion of the Court. In various Alabama counties voters elect members of county commissions whose principal function is to supervise †Julius L. Chambers, Charles Stephen Ralston, and Dayna L. Cunningham filed a brief for the NAACP Legal Defense and Educational Fund, Inc., as amicus curiae urging reversal.
