In the case of Georgia et al. v. United States in 1972, the Supreme Court ruled that changes to voting laws and procedures in states with a history of racial discrimination must be approved by federal authorities before they can take effect. The state of Georgia had enacted new legislation altering its governor's term length and changing its electoral system for state legislators without seeking prior approval from either the Attorney General or the District Court for D.C., as required under Section 5 of the Voting Rights Act (VRA) of 1965. The court held that these alterations were subject to preclearance provisions under VRA because they could potentially affect minority voters' rights, even if there was no discriminatory intent behind them. This decision reinforced federal oversight over state-level election law changes to prevent potential racial discrimination.

In the dissenting opinion for Georgia et al. v. United States, 1972, Justice Rehnquist argued that the majority's decision to uphold Section 5 of the Voting Rights Act as constitutional was incorrect. He contended that this section gave too much power to federal authorities and infringed upon states' rights by requiring them to seek approval from either a three-judge court in Washington D.C or the Attorney General before making any changes related to voting procedures or practices. This requirement applied even if these changes were not discriminatory in nature but merely administrative adjustments meant for improving election processes within their jurisdictions. The justice believed such an arrangement violated principles of federalism and state sovereignty enshrined in the Constitution because it allowed federal intrusion into what he considered fundamentally local affairs without sufficient justification.