This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Background and question before the Court
According to Justice O'Connor, qUESTION: And on that, do we look at the whole State and what would happen overall, or do we just focus on individual legislative senatorial districts?
According to Justice (question), according to Justice (question), qUESTION: May I ask a sort of a general question? In any of the analysis, do the judges take into account the likelihood of winning primaries as opposed to the likelihood of winning the election itself?
According to Justice, qUESTION: Now, worse off, I thought -- and I'm still at my same problem of what am I supposed to do in this case. But I thought worse off means their right to vote is abridged because of race. Abridged is the word.
According to Justice, qUESTION: So what -- what do I read and what pages do I read?
According to Justice, qUESTION: The district court didn't consider that relevant testimony because it was not testimony about safe seats elsewhere.
According to Justice, qUESTION: That's what we're supposed to, go into which political party is better for which particular group of people?
According to Justice, qUESTION: May I ask before -- before you conclude your argument, what is the status of the litigation that's pending in the State court to resolve the dispute between the Attorney General and the Governor?
- [1] a59fd41a42ec412a313e-r1-1f38f221fe87c9c3.pdf, p. 5
- [2] a59fd41a42ec412a313e-r1-1f38f221fe87c9c3.pdf, p. 20
- [3] a59fd41a42ec412a313e-r1-1f38f221fe87c9c3.pdf, p. 37
- [4] a59fd41a42ec412a313e-r1-1f38f221fe87c9c3.pdf, p. 54
- [5] a59fd41a42ec412a313e-r1-1f38f221fe87c9c3.pdf, p. 54
- [6] a59fd41a42ec412a313e-r1-1f38f221fe87c9c3.pdf, p. 55
- [7] a59fd41a42ec412a313e-r1-1f38f221fe87c9c3.pdf, p. 55
What each side argues
Georgia (Petitioner)
According to Georgia, for some 6 decades now, the policy of the United States has been to embrace integration, reject segregation and separation of people. We stand -- really, the Nation of the United States of America stands pretty much as the beacon in the world to the notion that balkanization is not the way to go.
According to Mr. Walbert (State), according to Mr. Walbert (State), the ends of Congress must be legitimate and the ends must be related proportionately and with congruence, the -- the remedies that are chosen by Congress. And I would have to say what is -- other than just preserving what happens to be there -- the only reason we're talking about keeping safe seats is they happen to be there. This is not because they're ever put in because of a remedy.
According to Mr. Walbert, we have 4 congressmen out of 13 who are African American, 52 percent district, 50 percent district, 41 percent district, and 38 percent district. Last one just elected 13 -- Congressional District 13 just created -- this reapportionment got two new districts. 13 was open, 38 percent, African American elected. African American elected in the last election in a 28 percent multi-member house district. It's working.
According to Mr. Walbert, there is oral argument next week on that, Your Honor, and we expect that to be decided very quickly.
According to Mr. Walbert, it would be a tragedy. And we're well aware of the history. We're not up here apologizing that we are disowning the history of race in Georgia. We know what it is. The Attorney General knows what it is. But it would be a tragedy on the facts of this case to utilize that history to penalize what African Americans are trying to do ... Integration's working in Georgia.
John Ashcroft, Attorney General (Respondent)
According to Mr. Stewart (Federal Respondent), according to Mr. Stewart (Federal Respondent), in a section 5 preclearance action, the appropriate comparison is between a covered jurisdiction's proposed voting change and the jurisdiction's existing practice.
What happened at oral argument
According to Chief Justice Rehnquist, chief Justice Rehnquist announced the start of argument for Number 02-182, Georgia versus John Ashcroft.
According to Chief Justice Rehnquist, chief Justice Rehnquist stated the case is submitted.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- a59fd41a42ec412a313e-r1-1f38f221fe87c9c3.pdforal argument transcript
Guide generated September 20, 2026. Automated validation accepted this version.