These legislative enactments "are vital to the welfare of society and are favored in the law," because they "promote repose by giving security and stability to human affairs" and "stimulate to activity and punish negligence." Wood v. Carpenter, 101 U. S. 135, 139 (1879). When a "plaintiff has slept on his rights," an otherwise meritorious claim is barred, both to ensure "fairness to defendants" and to relieve "the burden [on the courts] of trying stale claims." Burnett v. New York Central R. Co., 380 U. S. 424, 428 (1965). Statutes of limitations thus "make an end to the possibility of litigation after the lapse of a reasonable time." Guaranty Trust Co. v. United States, 304 U. S. 126, 136 (1938). The Court nevertheless has reached a decision that rewards those who delay asserting their rights. I view the result as an injustice to petitioner and as a precedent that ill serves the need for repose.

The Court also ignores the important "principle that '[s]ettlement agreements are highly favored in the law and will be upheld whenever possible because they are a means of amicably resolving doubts... and preventing lawsuits.' Pearson v. Ecological Science Corp., supra, at 176, quoting D. H. Overmyer Co. v. Loflin, 440 F. 2d 1213, 1215 (CA5 1971). Settlements particularly serve the public interest "within the confines of Title VII where 'there is great emphasis. . . on private settlement and the elimination of unfair practices without litigation.'" Air Lines Stewards v. American Airlines, Inc., 455 F. 2d 101, 109 (CA7 1972), quoting Oatis v. Crown Zellerbach Corp., 398 F. 2d 496, 498 (CA5 1968). Today's decision will deter settlements because of the additional uncertainty as to whether the agreements will be nullified by the action of persons who enter the litigation only after final judgment.*

As Judge Pell noted, respondent's delay in seeking intervention was especially costly in this case:

"It is important to note that had she sought intervention immediately

In support of its decision, the Court suggests that adherence to the American Pipe rule might result in precautionary interventions to guard against the possibility that the named plaintiffs would fail to appeal the denial of class status, thus producing the very "multiplicity of activity which Rule 23 was designed to avoid.'" Ante, at 394 n. 15, quoting American Pipe, 414 U. S., at 553. But, as I have shown, Rule 23 was not designed to eliminate any multiplicity of activity after class status is denied."

In my view, the proper analysis of these questions is as follows: Under American Pipe, the filing of a class action complaint tolls the statute of limitations until the District Court makes a decision regarding class status. If class status is denied in whole or in part, the statute of limitations begins to run again as to class members excluded from the class. In order to protect their rights, such individuals must seek to intervene in the individual action (or possibly file an action of their own) before the time remaining in the limitations period expires. Assuming that intervention is sought within the limitations period, the district court's decision whether after the denial of class status, and her intervention had been denied, the intervention issue would have been before this court three years ago. Furthermore, assuming that her intervention had been denied because of petitioner's failure to protest the no-marriage rule-the requirement which was the basis of the court's holding that this action lacked the requisite numerosity to proceed as a class action-then that issue would have been before this court and decided three years ago. Instead, petitioner chose to sit back and allow others to assume the costs and risks in prosecuting their individual actions, and now she attempts to revive her dead claim through another suit which after years of legal argument and negotiation was finally settled to the satisfaction of all parties." 537 F. 2d, at 922 (dissenting opinion).

5

Moreover, precautionary intervention is likely even under the Court's decision. As in American Pipe itself, individuals concerned about their claims will frequently move to intervene as plaintiffs in the nonclass action rather than placing all of their hopes on the possibility that the denial of class status will be reversed on appeal.

to allow intervention is made according to the discretionary timeliness concept of Rule 24, as interpreted in NAACP v. New York, 413 U. S. 345 (1973). This decision is made in light of all of the circumstances in the case and is entitled to substantial deference on appeal. But delay in seeking intervention should militate against allowing intervention. Under this approach, a premium is placed on attempting to intervene as soon as possible after the denial of class status. When combined with the requirement of Rule 23 (c)(1) that the decision as to class status be made "[a]s soon as practicable after the commencement of an action brought as a class action," this approach would ensure that the contours of the nonclass action would be defined early in the litigation. This would enable the major decisions concerning the case to be made expeditiously, thus speeding its ultimate resolution. The Court's decision today encourages the opposite result.

BRISCOE, GOVERNOR OF TEXAS, ET AL. v. BELL, ATTORNEY GENERAL, et al.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 76-60. Argued April 20, 1977-Decided June 20, 1977

The provision of § 4 (b) of the Voting Rights Act of 1965 that a determination of the Attorney General or Director of the Census that a State is covered by the Act "shall not be reviewable in any court" held absolutely to preclude judicial review of such a determination. Hence the District Court and Court of Appeals erred in holding that they had jurisdiction to review petitioners' claims that the Attorney General and Director of the Census (respondents) had erroneously applied § 4 (b) in determining that Texas is covered by the 1975 amendments to the Act extending its protections to language minorities, such as Mexican-Americans. A "bailout" suit under § 4 (a) to terminate coverage is Texas' sole remedy. Pp. 409-415. (a) Such construction of § 4 (b) is supported by its language and legislative history and by the Act's structure and its purpose to eradicate voting discrimination with all possible speed, as well as by this Court's interpretations of the Act. See South Carolina v. Katzenbach, 383 U. S. 301; Gaston County v. United States, 395 U. S. 285; Morris v. Gressette, post, p. 491. Pp. 410-414.

(b) While the finality of determinations under § 4 (b) may be "an uncommon exercise of congressional power," South Carolina v. Katzenbach, supra, at 335, nevertheless in attacking the pervasive evils and tenacious defenders of voting discrimination, Congress acted within its "power to enforce" the Fourteenth and Fifteenth Amendments "by appropriate legislation." Pp. 414-415.

175 U. S. App. D. C. 297, 535 F. 2d 1259, vacated and remanded.

MARSHALL, J., delivered the opinion of the Court, in which BURGER, C. J., and BRENNAN, STEWART, WHITE, BLACKMUN, REHNQUIST, and STEVENS, JJ., joined. POWELL, J., concurred in the judgment.

David M. Kendall, First Assistant Attorney General of Texas, argued the cause for petitioners. With him on the brief were John L. Hill, Attorney General, Thomas W. Choate,

Special Assistant Attorney General, and Lonny F. Zwiener, Assistant Attorney General.

Howard E. Shapiro argued the cause for respondents. On the brief were Acting Solicitor General Friedman, Assistant Attorney General Days, Deputy Solicitor General Wallace, Allan A. Ryan, Jr., Brian K. Landsberg, and Cynthia L. Attwood.*

MR. JUSTICE MARSHALL delivered the opinion of the Court. At issue in this case is the construction of § 4 of the Voting Rights Act of 1965, 42 U. S. C. § 1973b (1970 ed. and Supp. V). "The Voting Rights Act was designed by Congress to banish the blight of racial discrimination in voting." South Carolina v. Katzenbach, 383 U. S. 301, 308 (1966). While the Act has had a dramatic effect in increasing the participation of black citizens in the electoral process, both as voters and elected officials, Congress has not viewed it as an unqualified success.1 Most recently, as part of the 1975 amendments to the Voting Rights Act, 89 Stat. 400, Congress extended the Act's strong protections to cover language minoritiesthat is, citizens living in environments where the dominant language is not English. Congress concluded after extensive hearings that there was "overwhelming evidence" showing "the ingenuity and prevalence of discriminatory practices that have been used to dilute the voting strength and otherwise

*Vilma S. Martinez, Joaquin Avila, Jack Greenberg, Eric Schnapper, David S. Tatel, Joseph L. Rauh, Jr., James T. Danaher, Armand G. Derfner, Albert E. Jenner, Jr., Nicholas DeB. Katzenbach, Stephen J. Pollak, Norman Redlich, Robert A. Murphy, and William E. Caldwell filed a brief for the Mexican American Legal Defense and Educational Fund, Inc., et al. as amici curiae urging affirmance.

1 See, e. g., S. Rep. No. 94-295, pp. 13-15 (1975) (hereafter Senate Report); H. R. Rep. No. 94-196, pp. 6-8 (1975) (hereafter House Report).