In 1987, the majority-white commission voted to have all the money put in a common fund rather than in separate districts as originally intended.

[1] Lawrence Presley, a newly elected black member, argued to the United States District Court for the Middle District of Alabama that the changes in the distribution of authority were a form of racial discrimination and a violation of section 5 of the Voting Rights Act of 1965 which permits Alabama's government to alter practices related to voting only after receiving judicial preclearance.

Justice Kennedy argued that the changes in structure of the roads board in the two Alabama counties did not alter the power of the officials and was therefore not subject to Section 5 preclearance.

At the time it was decided, Presley v. Etowah County Commission was viewed as a major shift in voting rights jurisprudence from the Warren and Burger Courts.

[5] Some twenty-first century analysts have said Presley has proved an influential case in the virtual gutting of the Voting Rights Act by the Roberts Court.