shelby county alabama holder attorney general et argued february decided june voting rights act enacted address entrenched racial discrimination voting insidious pervasive evil perpetuated certain parts country unremitting ingenious defiance constitution south carolina katzenbach section act bans standard practice procedure results denial abridgement right citizen vote account race color applies nationwide permanent issue case sections apply parts country section act provides coverage formula defining covered jurisdictions political subdivisions maintained tests devices prerequisites voting low voter registration turnout early covered jurisdictions act provides change voting procedures take effect approved specified federal authorities washington approval known preclearance coverage formula preclearance requirement initially set expire five years act reauthorized several times act reauthorized additional years coverage formula changed coverage still turned whether jurisdiction voting test low voter registration turnout time shortly reauthorization texas utility district sought bail act coverage alternative challenged act constitutionality resolved challenge statutory grounds expressed serious doubts act continued constitutionality see northwest austin municipal util dist one holder petitioner shelby county covered jurisdiction alabama sued attorney general federal district washington seeking declaratory judgment sections facially unconstitutional well permanent injunction enforcement district upheld act finding evidence congress sufficient justify reauthorizing continuing coverage formula circuit affirmed surveying evidence record accepted congress conclusion litigation remained inadequate covered jurisdictions protect rights minority voters therefore still necessary coverage formula continued pass constitutional muster held section voting rights act unconstitutional formula longer used basis subjecting jurisdictions preclearance pp northwest austin noted voting rights act imposes current burdens must justified current needs concluded departure fundamental principle equal sovereignty requires showing statute disparate geographic coverage sufficiently related problem targets basic principles guide review question presented pp state legislation may contravene federal law retain broad autonomy however structuring governments pursuing legislative objectives indeed tenth amendment reserves powers specifically granted federal government including power regulate elections gregory ashcroft also fundamental principle equal sovereignty among highly pertinent assessing disparate treatment northwest austin supra voting rights act sharply departs basic principles requires beseech federal government permission implement laws otherwise right enact execute despite tradition equal sovereignty act applies nine additional counties described act stringent potent katzenbach nonetheless upheld act concluding uncommon exercise congressional power justified exceptional conditions pp departures justified blight racial discrimination voting infected electoral process parts country nearly century katzenbach time coverage formula means linking exercise unprecedented authority problem warranted made sense act limited areas congress found evidence actual voting discrimination covered jurisdictions shared two characteristics use tests devices voter registration voting rate presidential election least points national average explained ests devices relevant voting discrimination long history tool perpetrating evil low voting rate pertinent obvious reason widespread disenfranchisement must inevitably affect number actual voters ibid therefore concluded coverage formula rational practice theory ibid pp nearly years later things changed dramatically largely voting rights act oter turnout registration rates covered jurisdictions approach parity blatantly discriminatory evasions federal decrees rare minority candidates hold office unprecedented levels northwest austin supra tests devices blocked ballot access forbidden nationwide years yet act eased restrictions narrowed scope coverage formula along way instead extraordinary unprecedented features reauthorized nothing changed grown even stronger applies jurisdictions singled turns consider provision pp section formula unconstitutional light current conditions pp coverage formula rational practice theory katzenbach supra looked cause discriminatory tests effect low voter registration turnout tailored remedy preclearance jurisdictions exhibiting however coverage formula raise serious constitutional questions northwest austin supra coverage today based data eradicated practices formula captures reference literacy tests low voter registration turnout early tests banned years voter registration turnout numbers covered risen dramatically divided recent history voting tests low voter registration turnout without characteristics congress based coverage formula distinction today nation longer divided along lines yet voting rights act continues treat pp government attempts defend formula grounds congress identified jurisdictions covered came criteria describe katzenbach sanction approach reasoning instead coverage formula rational formula relevant problem government fallback argument formula relevant continued use permissible long discrimination remains identified look current political conditions northwest austin supra instead relying comparison history end assessing current need preclearance system treating differently one another today history since ignored fifteenth amendment designed punish past purpose ensure better future serve purpose congress divide must identify jurisdictions singled basis makes sense light current conditions pp respondents also rely heavily data record compiled congress reauthorizing act regardless one looks record one fairly say shows anything approaching pervasive flagrant widespread rampant discrimination clearly distinguished covered jurisdictions rest nation katzenbach supra fundamental problem remains congress use record fashion coverage formula grounded current conditions instead formula based facts logical relation present day pp reversed roberts delivered opinion scalia kennedy thomas alito joined thomas filed concurring opinion ginsburg filed dissenting opinion breyer sotomayor kagan joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press shelby county alabama petitioner eric holder attorney general et al writ certiorari appeals district columbia circuit june chief justice roberts delivered opinion voting rights act employed extraordinary measures address extraordinary problem section act required obtain federal permission enacting law related voting drastic departure basic principles federalism act applied requirement equally dramatic departure principle enjoy equal sovereignty strong medicine congress determined needed address entrenched racial discrimination voting insidious pervasive evil perpetuated certain parts country unremitting ingenious defiance constitution south carolina katzenbach explained upholding law exceptional conditions justify legislative measures otherwise appropriate reflecting unprecedented nature measures scheduled expire five years see voting rights act stat nearly years later still effect indeed made stringent scheduled last denying however conditions originally justified measures longer characterize voting covered jurisdictions racial gap voter registration turnout lower originally covered nationwide northwest austin municipal util dist one holder since time census bureau data indicate voter turnout come exceed white voter turnout five six originally covered gap sixth state less one half one percent see dept commerce census bureau voting registration sex race origin table time voting discrimination still exists one doubts question whether act extraordinary measures including disparate treatment continue satisfy constitutional requirements put short time ago act imposes current burdens must justified current needs northwest austin fifteenth amendment ratified wake civil war provides right citizens vote shall denied abridged state account race color previous condition servitude gives congress power enforce article appropriate legislation first century congressional enforcement amendment however regarded failure alabama georgia louisiana mississippi north carolina south carolina virginia began enact literacy tests voter registration employ methods designed prevent voting katzenbach congress passed statutes outlawing practices facilitating litigation litigation remained slow expensive came new ways discriminate soon existing ones struck voter registration barely improved inspired action civil rights movement congress responded voting rights act section enacted forbid standard practice procedure imposed applied deny abridge right citizen vote account race color stat current version forbids standard practice procedure results denial abridgement right citizen vote account race color federal government individuals sued enforce see johnson de grandy injunctive relief available appropriate cases block voting laws going effect see section permanent applies nationwide issue case sections targeted parts country time act passage covered jurisdictions political subdivisions maintained test device prerequisite voting november less percent voter registration turnout presidential election stat tests devices included literacy knowledge tests good moral character requirements need vouchers registered voters like covered jurisdiction bail coverage used test device preceding five years purpose effect denying abridging right vote account race color covered included alabama georgia louisiana mississippi south carolina virginia additional covered subdivisions included counties north carolina one arizona see cfr pt app jurisdictions act banned tests devices stat section provided change voting procedures take effect approved federal authorities washington either attorney general three judges jurisdiction obtain preclearance proving change neither purpose effect denying abridging right vote account race color ibid sections intended temporary set expire five years see northwest austin supra south carolina katzenbach upheld act constitutional challenge explaining justified address voting discrimination persists pervasive scale congress reauthorized act another five years extended coverage formula jurisdictions voting test less percent voter registration turnout voting rights act amendments stat swept several counties california new hampshire new york see cfr pt app congress also extended ban tests devices nationwide stat congress reauthorized act seven years extended coverage jurisdictions voting test less percent voter registration turnout voting rights act amendments stat congress also amended definition test device include practice providing voting materials places five percent citizens spoke single language english result amendments alaska arizona texas well several counties california michigan new york north carolina south became covered jurisdictions see cfr pt app congress correspondingly amended sections forbid voting discrimination basis membership language minority group addition discrimination basis race color stat finally congress made nationwide ban tests devices permanent congress reauthorized act years alter coverage formula see voting rights act amendments stat congress however amend bailout provisions allowing political subdivisions covered jurisdictions bail among prerequisites bailout jurisdictions subdivisions must used forbidden test device failed receive preclearance lost suit ten years prior seeking bailout upheld reauthorizations constitutional challenge see georgia city rome lopez monterey county congress reauthorized voting rights act years without change coverage formula fannie lou hamer rosa parks coretta scott king voting rights act reauthorization act stat congress also amended prohibit conduct see reno bossier parish school bossier ii georgia ashcroft section forbids voting changes discriminatory purpose well voting changes diminish ability citizens account race color language minority status elect preferred candidates choice shortly reauthorization texas utility district brought suit seeking bail act coverage alternative challenging act constitutionality see northwest austin district explained state political subdivision eligible seek bailout statute concluded utility district political subdivision term encompassed counties parishes subunits northwest austin municipal util dist one mukasey supp dc district also rejected constitutional challenge reversed explained decide constitutional question ground upon dispose case northwest austin supra quoting escambia county mcmillan per curiam concluding underlying constitutional concerns among things compel led broader reading bailout provision construed statute allow utility district seek bailout northwest austin expressed serious doubts act constitutionality explained imposes substantial federalism costs differentiates despite historic tradition enjoy equal sovereignty internal quotation marks omitted also noted hings changed south voter turnout registration rates approach parity blatantly discriminatory evasions federal decrees rare minority candidates hold office levels finally questioned whether problems meant address still concentrated jurisdictions singled preclearance eight members subscribed views remaining member held act unconstitutional ultimately however construction bailout provision left constitutional issues another day shelby county located alabama covered jurisdiction sought bailout attorney general recently objected voting changes proposed within county see app instead county sued attorney general federal district washington seeking declaratory judgment sections voting rights act facially unconstitutional well permanent injunction enforcement district ruled county upheld act supp found evidence congress sufficient justify reauthorizing continuing coverage formula appeals circuit affirmed assessing circuit considered six primary categories evidence attorney general objections voting changes attorney general requests information regarding voting changes successful suits covered jurisdictions dispatching federal observers monitor elections covered jurisdictions preclearance suits involving covered jurisdictions deterrent effect see extensive analysis record accepted congress conclusion litigation remained inadequate covered jurisdictions protect rights minority voters therefore still necessary turning circuit noted evidence singling covered jurisdictions less robust issue presented close question looked data comparing number successful suits different parts country coupling evidence deterrent effect concluded statute continued single jurisdictions discrimination concentrated thus held coverage formula passed constitutional muster judge williams dissented found positive inclusion coverage formula low black registration turnout rather extent correlation actually went way condemnation marker higher black registration turnout ibid emphasis added judge williams also found overed jurisdictions far black officeholders proportion black population uncovered ones evidence successful suits judge williams disaggregated reported cases state concluded five worst uncovered jurisdictions worse records eight covered jurisdictions also noted two covered jurisdictions arizona alaska successful reported suit brought entire years covered data ibid judge williams held coverage formula irrational unconstitutional granted certiorari ii northwest austin stated act imposes current burdens must justified current needs concluded departure fundamental principle equal sovereignty requires showing statute disparate geographic coverage sufficiently related problem targets ibid basic principles guide review question constitution laws law land art vi cl state legislation may contravene federal law federal government however general right review veto state enactments go effect proposal grant authority negative state laws considered constitutional convention rejected favor allowing state laws take effect subject later challenge supremacy clause see records federal convention pp farrand ed outside strictures supremacy clause retain broad autonomy structuring governments pursuing legislative objectives indeed constitution provides powers specifically granted federal government reserved citizens amdt allocation powers federal system preserves integrity dignity residual sovereignty bond slip federal balance end rather federalism secures citizens liberties derive diffusion sovereign power ibid internal quotation marks omitted specifically framers constitution intended keep provided tenth amendment power regulate elections gregory ashcroft quoting sugarman dougall internal quotation marks omitted course federal government retains significant control federal elections instance constitution authorizes congress establish time manner electing senators representatives art cl see also arizona inter tribal council ante broad powers determine conditions right suffrage may exercised carrington rash internal quotation marks omitted see also arizona ante ach state power prescribe qualifications officers manner shall chosen boyd nebraska ex rel thayer drawing lines congressional districts likewise primarily duty responsibility state perry perez per curiam slip internal quotation marks omitted retain sovereignty constitution also fundamental principle equal sovereignty among northwest austin supra citing louisiana lessee pollard hagan texas white wall emphasis added hundred years ago explained nation union equal power dignity authority coyle smith indeed constitutional equality essential harmonious operation scheme upon republic organized coyle concerned admission new katzenbach rejected notion principle operated bar differential treatment outside context time made clear northwest austin fundamental principle equal sovereignty remains highly pertinent assessing subsequent disparate treatment voting rights act sharply departs basic principles suspends changes state election law however innocuous precleared federal authorities washington must beseech federal government permission implement laws otherwise right enact execute subject course injunction action attorney general days object preclearance request longer requests information see cfr state seeks preclearance process take years despite tradition equal sovereignty act applies nine several additional counties one state waits months years expends funds implement validly enacted law neighbor typically put law effect immediately normal legislative process even noncovered jurisdiction sued important differences proceedings preclearance proceedings preclearance proceeding switches burden proof supplicant jurisdiction also applies substantive standards quite different governing rest nation williams dissenting case explains first upheld act described stringent potent katzenbach recognized may uncommon exercise congressional power concluded legislative measures appropriate justified exceptional since noted act authorizes federal intrusion sensitive areas state local policymaking lopez represents extraordinary departure traditional course relations federal government presley etowah county reiterated northwest austin act constitutes extraordinary legislation otherwise unfamiliar federal system found departures basic features system government justified blight racial discrimination voting infected electoral process parts country nearly century katzenbach several enacted variety requirements tests specifically designed prevent voting litigation proved inadequate prevent racial discrimination voting part merely switched discriminatory devices covered federal decrees enacted difficult new tests simply defied evaded orders shortly enactment voting rights act percent voting age registered vote alabama percent louisiana percent mississippi figures roughly percentage points figures whites ibid short concluded nder compulsion unique circumstances congress responded permissibly decisive manner also noted emphasized since legislation intended temporary set expire five years northwest austin supra time coverage formula means linking exercise unprecedented authority problem warranted made sense found congress chose limit attention geographic areas immediate action seemed necessary katzenbach areas congress found evidence actual voting discrimination shared two characteristics use tests devices voter registration voting rate presidential election least points national average explained ests devices relevant voting discrimination long history tool perpetrating evil low voting rate pertinent obvious reason widespread disenfranchisement must inevitably affect number actual voters ibid therefore concluded coverage formula rational practice theory ibid accurately reflected jurisdictions uniquely characterized voting discrimination pervasive scale linking coverage devices used effectuate discrimination resulting disenfranchisement formula ensured stringent remedies aimed areas voting discrimination ha flagrant nearly years later things changed shelby county contends preclearance even without regard disparate coverage unconstitutional arguments good deal force covered jurisdictions oter turnout registration rates approach parity blatantly discriminatory evasions federal decrees rare minority candidates hold office unprecedented levels northwest austin tests devices blocked access ballot forbidden nationwide years see stat stat conclusions alone congress said reauthorized act writing ignificant progress made eliminating first generation barriers experienced minority voters including increased numbers registered minority voters minority voter turnout minority representation congress state legislatures local elected offices stat house report elaborated number registered turn cast ballots increased significantly last years particularly since noted circumstances minorities register vote cast ballots levels surpass white voters report also explained significant increases number serving elected offices specifically approximately percent increase since number elected officials six originally covered voting rights act following chart compiled senate house reports compares voter registration numbers six originally covered numbers congress reauthorized act white black gap white black gap alabama georgia louisiana mississippi south carolina virginia see figures come census bureau census bureau data recent election indicate voter turnout exceeded white voter turnout five six originally covered gap sixth state less one half one percent see dept commerce census bureau reported voting registration sex race hispanic origin table preclearance statistics also illuminating first decade enactment attorney general objected percent proposed voting changes last decade reenactment attorney general objected mere percent doubt improvements large part voting rights act act proved immensely successful redressing racial discrimination integrating voting process see stat freedom summer philadelphia mississippi three men murdered working area register voters see price bloody sunday selma alabama police beat used tear gas hundreds marching support enfranchisement see northwest austin supra thomas concurring judgment part dissenting part today towns governed mayors problems remain others denying due voting rights act nation made great strides yet act eased restrictions narrowed scope coverage formula along way extraordinary unprecedented features reauthorized nothing changed fact act unusual remedies grown even stronger congress reauthorized act another years top previous far cry initial period see congress also expanded prohibitions previously interpreted prohibit redistricting plans purpose effect worsening position minority groups see bossier ii congress amended prohibit laws favored groups discriminatory purpose see even though stated broadening coverage exacerbate substantial federalism costs preclearance procedure already exacts perhaps extent raising concerns constitutionality bossier ii supra citation internal quotation marks omitted addition congress expanded prohibit voting law purpose effect diminishing ability citizens account race color language minority status elect preferred candidates choice light two amendments bar covered jurisdictions must clear raised even conditions justifying requirement dramatically improved also previously highlighted concern preclearance requirements one state might unconstitutional another northwest austin see georgia ashcroft kennedy concurring considerations race doom redistricting plan fourteenth amendment voting rights act seem save nothing happened since alleviate troubling concern current application respondents deny improvements ground argue much attributed deterrent effect dissuades covered jurisdictions engaging discrimination resume struck theory however effectively immune scrutiny matter clean record covered jurisdictions argument always made deterrence accounted good behavior provisions apply jurisdictions singled consider whether coverage formula constitutional light current conditions iii upholding constitutionality coverage formula concluded rational practice theory katzenbach formula looked cause discriminatory tests effect low voter registration turnout tailored remedy preclearance jurisdictions exhibiting however concluded coverage formula raise serious constitutional questions northwest austin explained statute current burdens must justified current needs disparate geographic coverage must sufficiently related problem targets coverage formula met test longer coverage today based data eradicated practices formula captures reference literacy tests low voter registration turnout early tests banned nationwide years stat stat voter registration turnout numbers covered risen dramatically years since racial disparity numbers compelling evidence justifying preclearance remedy coverage formula see katzenbach supra longer disparity divided two groups recent history voting tests low voter registration turnout without characteristics congress based coverage formula distinction today nation longer divided along lines yet voting rights act continues treat government defense formula limited first government contends formula congress identified jurisdictions covered came criteria describe brief federal respondent reasoning need logical relationship criteria formula reason coverage necessary formula happen capture jurisdictions congress wanted single government suggests katzenbach sanctioned approach analysis katzenbach quite different katzenbach reasoned coverage formula rational formula relevant problem tests devices relevant voting discrimination long history tool perpetrating evil low voting rate pertinent obvious reason widespread disenfranchisement must inevitably affect number actual voters contrast government reverseengineering argument even attempt demonstrate continued relevance formula problem targets context decision significant one subjecting disfavored subset extraordinary legislation otherwise unfamiliar federal system northwest austin supra failure establish even relevance fatal government falls back argument formula relevant continued use permissible long discrimination remains congress identified back regardless discrimination compares discrimination unburdened coverage brief federal respondent argument look current political conditions northwest austin supra instead relies comparison comparison reflected different histories north south south slavery upheld law uprooted civil war reign jim crow denied basic freedoms state local governments worked tirelessly disenfranchise citizens basis race invoked history rightly sustaining disparate coverage voting rights act see katzenbach supra constitutional propriety voting rights act must judged reference historical experience history end time act reauthorized years assessing current need preclearance system treats differently one another today history ignored time largely voting rights act voting tests abolished disparities voter registration turnout due race erased attained political office record numbers yet coverage formula congress reauthorized ignores developments keeping focus data problems rather current data reflecting current needs fifteenth amendment commands right vote shall denied abridged account race color gives congress power enforce command amendment designed punish past purpose ensure better future see rice cayetano consistent design constitution fifteenth amendment cast fundamental terms terms transcending particular controversy immediate impetus serve purpose congress divide must identify jurisdictions singled basis makes sense light current conditions rely simply past made clear northwest austin make clear today defending coverage formula government intervenors dissent also rely heavily data record claim justify disparate coverage congress compiled thousands pages evidence reauthorizing voting rights act parties debated record shows gone back forth whether compare covered noncovered jurisdictions blocks disaggregate data state state weigh cases evidence ongoing discrimination whether consider evidence congress among issues compare case williams dissenting regardless look record however one fairly say shows anything approaching pervasive flagrant widespread rampant discrimination faced congress clearly distinguished covered jurisdictions rest nation time katzenbach supra northwest austin fundamental problem remains congress use record compiled shape coverage formula grounded current conditions instead reenacted formula based facts logical relation present day dissent relies barriers impediments casting ballots rather electoral arrangements affect weight minority votes cure problem viewing preclearance requirements targeting efforts simply highlights irrationality continued reliance coverage formula based voting tests access ballot vote dilution pretend reviewing updated statute try hand updating statute based new record compiled congress contrary dissent contention see post ignoring record simply recognizing played role shaping statutory formula us today dissent also turns record argue light voting discrimination shelby county county complain provisions subject preclearance post like saying driver pulled pursuant policy stopping redheads complain policy turns license expired shelby county claim coverage formula unconstitutional applications selects jurisdictions preclearance county selected based formula may challenge dissent proceeds flawed premise quotes famous sentence mcculloch maryland wheat following emphasis let end legitimate let within scope constitution means appropriate plainly adapted end prohibited consist letter spirit constitution constitutional post emphasis dissent case part sentence dissent emphasize part asks whether legislative means consist ent letter spirit constitution dissent tenably maintained issue regard voting rights act post four years ago opinion joined two today dissenters expressly stated act preclearance requirement coverage formula raise serious constitutional questions northwest austin supra dissent explain serious constitutional questions became untenable four short years dissent treats act like piece legislation made clear beginning voting rights act far ordinary risk repetition katzenbach indicated act uncommon otherwise appropriate justified exceptional unique conditions multiple decisions since reaffirmed act extraordinary nature see northwest austin supra yet dissent goes far suggest instead preclearance requirement disparate treatment upheld future unless almost evidence unconstitutional action post ways well dissent analyzes question presented decision northwest austin never happened example dissent refuses consider principle equal sovereignty despite northwest austin emphasis significance northwest austin also emphasized dramatic progress since dissent describes current levels discrimination flagrant widespread pervasive post internal quotation marks omitted despite fact northwest austin requires act disparate geographic coverage sufficiently related targeted problems dissent maintains act limited coverage actually eases congress burdens suggests fortuitous relationship suffice although northwest austin stated definitively current burdens must justified current needs dissent argues coverage formula justified history required showing weaker reenactment law first passed valid reason insulate coverage review merely previously enacted years ago congress started scratch plainly enacted present coverage formula irrational congress distinguish fundamental way based data today statistics tell entirely different story irrational base coverage use voting tests years ago tests illegal since time exactly congress done striking act congress gravest delicate duty called perform blodgett holden holmes concurring lightly took care avoid ruling constitutionality voting rights act asked instead resolved case us statutory grounds issuing decision expressed broader concerns constitutionality act congress updated coverage formula time failure act leaves us today choice declare unconstitutional formula section longer used basis subjecting jurisdictions preclearance decision way affects permanent nationwide ban racial discrimination voting found issue holding coverage formula congress may draft another formula based current conditions formula initial prerequisite determination exceptional conditions still exist justifying extraordinary departure traditional course relations federal government presley country changed racial discrimination voting much congress must ensure legislation passes remedy problem speaks current conditions judgment appeals reversed ordered thomas concurring shelby county alabama petitioner eric holder attorney general et al writ certiorari appeals district columbia circuit june justice thomas concurring join opinion full write separately explain find voting rights act unconstitutional well opinion sets forth reasons voting rights act employed extraordinary measures address extraordinary problem ante face unremitting ingenious defiance citizens constitutionally protected right vote necessary give effect fifteenth amendment particular regions country south carolina though preclearance requirement represented shar depart ure basic principles federalism equal sovereignty ante upheld measure early constitutional challenges necessary time address voting discrimination persist ed pervasive scale katzenbach supra today nation changed conditions originally justified longer characterize voting covered jurisdictions ante explains oter turnout registration rates approach parity blatantly discriminatory evasions federal decrees rare minority candidates hold office levels ante quoting northwest austin municipal util dist one holder spite improvements however congress increased already significant burdens following reenactment voting rights act amended prohibit conduct ante section forbids voting changes purpose well voting changes diminish ability citizens account race color language minority status elect preferred candidates choice ante version act went well beyond protection guaranteed constitution see reno bossier parish school goes even thus quite fitting repeatedly points legislation extraordinary unprecedented recognizes significant constitutional problems created congress decision raise bar covered jurisdictions must clear even conditions justifying requirement dramatically improved ante however one aggregates data compiled congress justify considerable burdens created aptly notes one fairly say record shows anything approaching discrimination faced congress clearly distinguished covered jurisdictions rest nation time ante indeed circumstances covered jurisdictions longer characterized exceptional unique extensive pattern discrimination led previously uphold enforcing fifteenth amendment longer exists northwest austin supra thomas concurring judgment part dissenting part section thus unconstitutional claims issue holding ante opinion compellingly demonstrates congress failed justify record demonstrating needs see ante quoting northwest austin supra leaving inevitable conclusion unstated needlessly prolongs demise provision reasons stated opinion find unconstitutional ginsburg dissenting shelby county alabama petitioner eric holder attorney general et al writ certiorari appeals district columbia circuit june justice ginsburg justice breyer justice sotomayor justice kagan join dissenting view success voting rights act demands dormancy congress another mind recognizing large progress made congress determined based voluminous record scourge discrimination yet extirpated question case presents decides whether currently operative remains congress charged obligation enforce war amendments appropriate legislation overwhelming support houses congress concluded two prime reasons continue force unabated first continuance facilitate completion impressive gains thus far made second continuance guard backsliding assessments well within congress province make elicit unstinting approbation oting discrimination still exists one doubts ante today terminates remedy proved best suited block discrimination voting rights act vra worked combat voting discrimination remedies tried failed particularly effective vra requirement federal preclearance changes voting laws regions country aggravated records rank discrimination minority voting rights century fourteenth fifteenth amendments guaranteed citizens right vote free discrimination basis race blight racial discrimination voting continued infec electoral process parts country south carolina katzenbach early attempts cope vile infection resembled battling hydra whenever one form voting discrimination identified prohibited others sprang place repeatedly encountered remarkable variety persistence laws disenfranchising minority citizens take one example held unconstitutional texas law barring black voters participating primary elections nixon herndon struck reenacted slightly altered version law smith allwright confronted attempt texas circumven fifteenth amendment adopting yet another variant primary terry adams era recognized discrimination minority voters quintessentially political problem requiring political solution justice holmes explained great mass white population intends keep blacks voting relief great political wrong done alleged people state state must given legislative political department government giles harris congress learned experience laws targeting particular electoral practices enabling litigation inadequate task civil rights acts congress authorized expanded power attorney general seek injunctions public private interference right vote racial grounds katzenbach circumstances reduced ameliorative potential legislative acts voting suits unusually onerous prepare sometimes requiring many spent combing registration records preparation trial litigation exceedingly slow part ample opportunities delay afforded voting officials others involved even favorable decisions finally obtained affected merely switched discriminatory devices covered federal decrees enacted difficult new tests designed prolong existing disparity white negro registration alternatively certain local officials defied evaded orders simply closed registration offices freeze voting rolls omitted patently new approach needed answering need voting rights act became one consequential efficacious amply justified exercises federal legislative power nation requiring federal preclearance changes voting laws covered jurisdictions localities opposition constitution commands virulent vra provided fit solution minority voters well preclearance regime established vra covered jurisdictions must submit proposed changes voting laws procedures department justice doj days respond changes stat codified change approved unless doj finds purpose effect denying abridging right vote account race color ibid alternative covered jurisdiction may seek approval district district columbia century failure fulfill promise fourteenth fifteenth amendments passage vra finally led signal improvement front justice department estimated five years vra passage almost many blacks registered vote alabama mississippi georgia louisiana north carolina south carolina entire century davidson voting rights act brief history controversies minority voting grofman davidson eds assessing overall effects vra congress found ignificant progress made eliminating first generation barriers experienced minority voters including increased numbers registered minority voters minority voter turnout minority representation congress state legislatures local elected offices progress direct result voting rights act fannie lou hamer rosa parks coretta scott king voting rights act reauthorization amendments act hereinafter reauthorization stat matter cause effects genuine doubt although vra wrought dramatic changes realization minority voting rights act date surely eliminated vestiges discrimination exercise franchise minority citizens jurisdictions covered preclearance requirement continued submit large numbers proposed changes voting laws attorney general declined approve auguring barriers minority voting quickly resurface preclearance remedy city rome congress also found registration voting minority citizens increas ed measures may resorted dilute increasing minority voting strength ibid quoting see also shaw reno soon became apparent guaranteeing equal access polls suffice root racially discriminatory voting practices voting dilution efforts reduce impact minority votes contrast direct attempts block access ballot aptly described barriers minority voting barriers come various forms one blockages racial gerrymandering redrawing legislative districts effort segregate races purposes voting another adoption system voting lieu voting city sizable black minority switching voting overall majority control election city council member effectively eliminating potency minority votes grofman davidson effect municipal election structure black representation eight southern quiet revolution south davidson grofman eds hereinafter quiet revolution similar effect achieved city engaged discriminatory annexation incorporating areas city limits thereby decreasing effect increases black voting whatever device employed long recognized vote dilution adopted discriminatory purpose cuts right vote certainly denial access ballot shaw allen state bd elections reynolds sims see also although iscrimination today subtle visible methods used effect results namely diminishing minority community ability fully participate electoral process elect preferred candidates response evidence substituted barriers congress reauthorized vra five years seven years years ante time upheld reauthorization valid exercise congressional power ante reauthorization approached expiration date congress considered whether vra preclearance mechanism remained appropriate response problem voting discrimination covered jurisdictions congress take task lightly quite opposite congress took responsibility renewal started early conscientiously october house began extensive hearings continued november resumed march april senate followed suit hearings ibid may bills became vra reauthorization introduced houses ibid house held hearings considerable length senate continued hold hearings june july house considered rejected four amendments passed reauthorization vote yeas nays cong rec july persily promise pitfalls new voting rights act yale hereinafter persily bill read debated senate passed vote cong rec july president bush signed week later july recognizing need work fight injustice calling reauthorization example continued commitment america every person valued treated dignity respect cong rec long course legislative process congress amassed sizable record northwest austin municipal util dist one holder see also cadc describing extensive record supporting congress serious widespread intentional discrimination persisted covered jurisdictions house senate judiciary committees held hearings heard scores witnesses received number investigative reports written documentation continuing covered jurisdictions legislative record congress compiled filled pages compilation presents countless examples racial discrimination since last congress also brought light systematic evidence intentional racial discrimination voting remains serious widespread covered jurisdictions section preclearance still needed considering full legislative record congress made following findings vra directly caused significant progress eliminating barriers ballot access leading marked increase minority voter registration turnout number minority elected officials reauthorization despite progress second generation barriers constructed prevent minority voters fully participating electoral process continued exist well racially polarized voting covered jurisdictions increased political vulnerability racial language minorities jurisdictions stat extensive vidence continued discrimination congress concluded clearly show ed continued need federal oversight covered jurisdictions overall record demonstrated federal lawmakers without continuation voting rights act protections racial language minority citizens deprived opportunity exercise right vote votes diluted undermining significant gains made minorities last years based findings congress reauthorized preclearance another years also undertaking reconsider extension years ensure provision still necessary effective supp question whether congress authority constitution act ii answering question write clean slate well established congress judgment regarding exercise power enforce fourteenth fifteenth amendments warrants substantial deference vra addresses combination race discrimination right vote preservative rights yick wo hopkins confronting constitutionally invidious form discrimination fundamental right democratic system congress power act height basis deference firmly rooted constitutional text precedent fifteenth amendment targets precisely racial discrimination voting rights domain congress shall power enforce article appropriate legislation choosing language amendment framers invoked chief justice marshall formulation scope congress powers necessary proper clause let end legitimate let within scope constitution means appropriate plainly adapted end prohibited consist letter spirit constitution constitutional mcculloch maryland wheat emphasis added tenably maintained vra act congress adopted shield right vote racial discrimination inconsistent letter spirit fifteenth amendment provision constitution read light civil war amendments nowhere today opinion northwest clear recognition transformative effect fifteenth amendment aimed achieve notably founders first successful amendment told congress law certain domain contrast civil war amendments used language authorized transformative new federal statutes uproot vestiges unfreedom inequality provided sweeping enforcement powers enact legislation targeting state abuses amar america constitution biography see also mcconnell institutions interpretation critique city boerne flores harv rev quoting civil framer remedy violation fourteenth fifteenth amendments expressly left courts remedy stated purpose civil war amendments arm congress power authority protect persons within nation violations rights exercising power congress may use means appropriate plainly adapted constitutional ends declared amendments mcculloch congress acts enforce right vote free racial discrimination ask whether congress chosen means wise whether congress rationally selected means appropriate legitimate end us review congressional resolution need chosen remedy enough able perceive basis upon congress might resolve conflict katzenbach morgan today considering constitutionality vra accorded congress full measure respect judgments domain garner south carolina katzenbach supplies standard review reserved powers congress may use rational means effectuate prohibition racial discrimination voting faced subsequent reauthorizations vra reaffirmed standard city rome today purport alter settled precedent establishing dispositive question whether congress employed rational means three reasons legislation reauthorizing existing statute especially likely satisfy minimal requirements test first reauthorization issue congress already assembled legislative record justifying initial legislation congress consider preexisting record well record time vote reauthorization especially true repeatedly affirmed statute constitutionality congress adhered model upheld see appellants asking us nothing less overrule decision south carolina katzenbach upheld constitutionality act lopez monterey county similar second fact reauthorization necessary arises congress built temporal limitation act pledged review span years first light contemporary evidence continued need vra cf grutter bollinger anticipating guaranteeing years use racial preferences higher education longer necessary third reviewing expect record supporting reauthorization less stark record originally made demand record violations equivalent one earlier made expose congress statute working less evidence discrimination opponents might argue congress allowed renew statute contrast statute working plenty evidence discrimination scant reason renew failed regulatory regime see persily suggest congressional power area limitless responsibility ensure congress used appropriate means question meet judicial review whether chosen means adapted carry objects amendments view ex parte virginia role substitute judgment congress determine whether legislative record sufficed show congress rationally determined chosen provisions appropriate methods city rome summary constitution vests broad power congress protect right vote particular combat racial discrimination voting repeatedly reaffirmed congress prerogative use rational means exercise power area precedent logic dictate test easier satisfy burden statute challenger higher issue reauthorization remedy previously affirmed congress found contemporary evidence working advance legislature legitimate objective iii reauthorization voting rights act fully satisfies standard stated mcculloch congress may choose means appropriate plainly adapted legitimate constitutional end shall see implausible suggest otherwise begin evidence congress based decision continue preclearance remedy surest way evaluate whether remedy remains order see preclearance still effectively preventing discriminatory changes voting laws see city rome identifying information number types submissions made covered jurisdictions number nature objections interposed attorney general primary basis upholding reauthorization score record congress huge fact congress found doj objections reauthorization voting rights act evidence continued need hearing subcommittee constitution house committee judiciary hereinafter evidence continued need told doj objections blocked voting changes based determination changes discriminatory congress found majority doj objections included findings discriminatory intent see changes blocked preclearance calculated decisions keep minority voters fully participating political process top time period doj private plaintiffs succeeded actions enforce preclearance requirements evidence continued need addition blocking proposed voting changes preclearance doj may request information jurisdiction proposing change turn jurisdiction may modify withdraw proposed change number modifications withdrawals provides indication many discriminatory proposals deterred without need formal objection congress received evidence proposed changes altered withdrawn since last reauthorization congress also received empirical studies finding doj requests information significant effect degree covered jurisdictions compl ied obligatio protect minority voting rights evidence continued need congress also received evidence litigation vra inadequate substitute preclearance covered jurisdictions litigation occurs fact illegal voting scheme already put place individuals elected pursuant thereby gaining advantages incumbency evidence continued need illegal scheme might place several election cycles plaintiff gather sufficient evidence challenge voting rights act section act history scope purpose hearing subcommittee constitution house committee judiciary hereinafter section hearing litigation places heavy financial burden minority voters see congress also received evidence preclearance lessened litigation burden covered jurisdictions preclearance process far less costly defending claim clearance doj substantially reduces likelihood claim mounted reauthorizing voting rights act temporary provisions policy perspectives views field hearing subcommittee constitution civil rights property rights senate committee judiciary pp see also brief new york california mississippi north carolina amici curiae section reduc es likelihood jurisdiction face costly protracted section litigation number discriminatory changes blocked deterred preclearance requirement suggests state voting rights covered jurisdictions significantly different absent remedy type changes stopped preclearance procedure conveys sense extent continues protect minority voting rights set characteristic examples changes blocked years leading reauthorization mississippi sought reenact dual voter registration system initially enacted disenfranchise black voters reason struck federal following census city albany georgia proposed redistricting plan doj found designed purpose limit retrogress increased black voting strength city whole internal quotation marks omitted mayor board aldermen kilmichael mississippi abruptly canceled town election unprecedented number announced running office doj required election town elected first black mayor three black aldermen found texas attempt redraw congressional district reduce strength latino voters bore mark intentional discrimination give rise equal protection violation ordered district redrawn compliance vra league latin american citizens perry response texas sought undermine order curtailing early voting district blocked action enforce preclearance requirement see order league latin american citizens texas wd tex doc majority seats school board first time history charleston county south carolina proposed voting mechanism board proposal made without consulting members school board found earlier voting scheme federal determined violated vra supp ddc see also doj invoked block proposal city millen georgia proposed delay election district two years leaving district without representation city council neighboring district three representatives section hearing doj blocked proposal county sought move polling place predominantly black neighborhood city inaccessible location predominantly white neighborhood outside city limits waller county texas threatened prosecute two black students announced intention run office county attempted reduce availability early voting election polling places near historically black university dallas county alabama whose county seat city selma sought purge voter rolls many black voters doj rejected purge discriminatory noting many citizens voting simply failed pick return voter update form valid requirement section hearing examples scores like fill pages legislative record evidence indeed sufficient support congress conclusion racial discrimination voting covered jurisdictions remained serious pervasive congress received evidence indicating formal requests kind set represented tip iceberg one commentator described avalanche case studies voting rights violations covered jurisdictions ranging outright intimidation violence minority voters subtle forms voting rights deprivations persily omitted evidence gave congress ever reason conclude time yet come relaxed vigilance scourge race discrimination voting true conditions south impressively improved since passage voting rights act congress noted improvement found vra driving force behind reauthorization congress also found voting discrimination evolved subtler barriers eliminating preclearance risk loss gains made concerns order previously found gave congress adequate cause reauthorize vra city rome congressional reauthorization preclearance requirement justified based number nature objections interposed attorney general since prior reauthorization extension necessary limited fragile achievements act promote amelioration voting discrimination internal quotation marks omitted facing evidence expressly rejected argument disparities voter turnout number elected officials metrics capable justifying reauthorization vra ibid turn next evidence congress based decision reauthorize coverage formula congress alter coverage formula jurisdictions previously subject preclearance continue covered remedy evidence described preclearance continuing efficacy blocking constitutional violations covered jurisdictions grounded congress conclusion remedy retained jurisdictions question moreover covered jurisdictions unique history problems racial discrimination voting ante consideration long history still living memory altogether appropriate criticizes congress failing recognize history end ante ignores past prologue shakespeare tempest act sc hose remember past condemned repeat santayana life reason congress especially mindful need reinforce gains already made prevent backsliding reauthorization particular importance even years thousands discriminatory changes blocked preclearance conditions covered jurisdictions demonstrated formula still justified current needs northwest austin congress learned conditions report known katz study looked suits examine impact effectiveness voting rights act hearing subcommittee constitution house committee judiciary pp hereinafter impact effectiveness private right action authorized vra applies nationwide comparison lawsuits covered noncovered jurisdictions provides appropriate yardstick measuring differences covered noncovered jurisdictions differences risk voting discrimination covered noncovered jurisdictions disappeared one expect rate successful lawsuits roughly study findings however indicated racial discrimination voting remains concentrated jurisdictions singled preclearance northwest austin although covered jurisdictions account less percent country population katz study revealed accounted percent successful litigation since impact effectiveness controlling population nearly four times many successful cases covered jurisdictions noncovered jurisdictions katz study found lawsuits likely succeed filed covered jurisdictions noncovered jurisdictions impact effectiveness findings ignored congress reasonably concluded coverage formula continues identify jurisdictions greatest concern evidence congress furthermore indicated voting covered jurisdictions racially polarized elsewhere country racially polarized voting alone signal constitutional violation factor increases vulnerability racial minorities changes voting law reason twofold first racial polarization means racial minorities risk systematically outvoted interests underrepresented legislatures second political preferences fall along racial lines natural inclinations incumbents ruling parties entrench predictable racial effects circumstances severe racial polarization efforts gain political advantage translate disadvantages ansolabehere persily stewart regional differences racial polarization presidential election implications constitutionality section voting rights act harv rev forum words governing political coalition incentive prevent changes existing balance voting power voting racially polarized efforts ruling party pursue incentive inevitably discriminate racial group ibid buildings california greater need places greater racial polarization voting greater need prophylactic measures prevent purposeful race discrimination point understood congress well recognized academic literature see reauthorization stat continued evidence racially polarized voting jurisdictions covered preclearance requirement demonstrates racial language minorities remain politically vulnerable davidson recent evolution voting rights law affecting racial language minorities quiet revolution case retaining coverage formula met needs ground therefore solid congress might charged rigidity afforded covered jurisdictions way ignored jurisdictions needed superintendence congress however responded concern critical components congressional design statutory provisions allowing jurisdictions bail preclearance bail ins see northwest austin vra permits jurisdiction bail showing complied act ten years engaged efforts eliminate intimidation harassment ed supp also authorizes subject noncovered jurisdiction federal preclearance upon finding violations fourteenth fifteenth amendments occurred congress satisfied vra bailout mechanism provided effective means adjusting vra coverage time success bailout illustrates covered status neither permanent covered status continues within control jurisdiction jurisdictions genuinely clean record want terminate coverage ability nearly jurisdictions successfully bailed preclearance requirement doj consented every bailout application filed eligible jurisdiction since current bailout procedure became effective brief federal respondent mechanism also worked several jurisdictions subject federal preclearance orders including new mexico arkansas app brief federal respondent experience exposes inaccuracy portrayal act static unchanged since congress designed vra dynamic statute capable adjusting changing conditions true many covered jurisdictions able bail due recent acts noncompliance vra truth reinforces congressional judgment jurisdictions rightfully subject preclearance remain regime iv congress approached reauthorization vra great care seriousness said opinion today makes genuine attempt engage massive legislative record congress assembled instead relies increases voter registration turnout whole story see supra without even identifying standard review dismissively brushes arguments based data record declines enter debat record shows ante one expect opinion striking heart nation signal piece legislation note disturbing lapses first right given usual restraint even address shelby county facial challenge vra second veers away controlling precedent regarding equal sovereignty doctrine without even acknowledging third hardly showing respect ordinarily paid congress acts implement civil war amendments stressed even deign grapple legislative record shelby county launched purely facial challenge vra reauthorization facial challenge legislative act times said course difficult challenge mount successfully since challenger must establish set circumstances exists act valid salerno nder constitutional system courts roving commissions assigned pass judgment validity nation laws broadrick oklahoma instead judicial power limited deciding particular cases controversies art iii embedded traditional rules governing constitutional adjudication principle person statute may constitutionally applied heard challenge statute ground may conceivably applied unconstitutionally others situations broadrick yet opinion case contains word explaining congress lacks power subject preclearance particular plaintiff initiated lawsuit shelby county alabama reason silence apparent applied shelby county vra preclearance requirement hardly contestable alabama home selma site bloody sunday beatings demonstrators served catalyst vra enactment following events martin luther king led march selma montgomery alabama capital called passage vra act passed foresaw progress made even alabama steadfast national commitment see task completion king words arc moral universe long bends toward justice may bending toward justice voting rights act transformation american democracy history proved king right although circumstances alabama changed serious concerns remain alabama one highest rates successful suits second neighbor mississippi williams dissenting words even subject restraining effect alabama found deni ed abridge voting rights account race color frequently nearly union fact prompted dissenting judge concede narrowly tailored coverage formula capturing alabama handful jurisdictions established track record racial discrimination voting might defensible opinion williams understatement alabama sorry history violations alone provides sufficient justification congress determination state remain subject preclearance examples suffice demonstrate least alabama current burdens imposed preclearance requirement justified current needs northwest austin interim vra reauthorizations twice confronted purposeful racial discrimination alabama pleasant grove held pleasant grove city jefferson county shelby county neighbor engaged purposeful discrimination annexing areas rejecting annexation request adjacent black neighborhood city shown unambiguous opposition racial integration passage civil rights laws strategic annexations appeared attempt provide growth monolithic white voting block impermissible purpose minimizing future black voting strength two years pleasant grove hunter underwood struck provision alabama constitution prohibited individuals convicted misdemeanor offenses involving moral turpitude voting internal quotation marks omitted provision violated fourteenth amendment equal protection clause unanimously concluded original enactment motivated desire discriminate blacks account race provision continues day effect pleasant grove hunter anomalies federal district judge concluded election systems several alabama counties violated dillard crenshaw supp md summarizing findings stated rom late present alabama consistently erected barriers keep black persons full equal participation social economic political life state dillard litigation ultimately expanded include cities counties school boards employing discriminatory election systems dillard baldwin cty bd supp md one defendants shelby county eventually signed consent decree resolve claims see dillard crenshaw supp md although dillard litigation resulted overhauls numerous electoral systems tainted racial discrimination concerns backsliding persist example city calera located shelby county requested preclearance redistricting plan eliminated city sole district created pursuant consent decree dillard supp dc although doj objected plan calera forged ahead elections based unprecleared voting changes resulting defeat incumbent councilman represented former district ibid city defiance required doj bring enforcement action ultimately yielded appropriate redress including restoration district ibid brief earl cunningham et al recent fbi investigation provides window persistence racial discrimination state politics see mcgregor supp md recording devices worn state legislators cooperating fbi investigation captured conversations members state legislature political allies recorded conversations shocking members state senate derisively refer aborigines talk openly aim quash particular referendum referendum placed ballot might increase voter turnout internal quotation marks omitted see also legislators allies expressed concern referendum placed ballot black every illiterate polls hud financed conversations even took place district judge presiding criminal trial recorded conversations introduced commented recordings represent compelling evidence political exclusion racism remains real enduring problem alabama racist sentiments judge observed remain regrettably entrenched high echelons state government ibid recent episodes forcefully demonstrate preclearance requirement constitutional applied alabama political case law conclusion suffice resolve case see raines complaint called application statute clearly constitutional fifteenth amendment end question see also nevada dept human resources hibbs scalia dissenting state local government raises facial challenge federal statute ground exceeds congress enforcement powers civil war amendments challenge fails opposing party able show statute constitutionally applied jurisdictions consistently rejected constitutional challenges legislation enacted pursuant congress enforcement powers civil war amendments upon finding legislation constitutional applied particular set circumstances see georgia title ii americans disabilities act ada validly abrogates state sovereign immunity insofar creates private cause action conduct actually violates fourteenth amendment tennessee lane title ii ada constitutional applies class cases implicating fundamental right access courts raines federal statute proscribing deprivations right vote based race constitutional applied state officials even constitutionally applied parties similar approach warranted vra exceptionally broad severability provision makes particularly inappropriate allow shelby county mount facial challenge vra even though application provisions county falls well within bounds congress legislative authority severability provision provision act application thereof person circumstances held invalid remainder act application provision persons similarly situated circumstances shall affected thereby words even vra constitutionally applied certain arizona alaska see ante calls unconstitutional applications severed leaving act place application transgress constitutional limits nevertheless suggests limiting jurisdictional scope vra appropriate case try hand updating statute ante last term however rejected argument addressing materially identical severability provision explaining provision congress explicit textual instruction leave unaffected remainder act particular application unconstitutional national federation independent business sebelius plurality opinion slip internal quotation marks omitted ginsburg concurring part concurring judgment part dissenting part slip agreeing plurality severability analysis see also raines statute capable constitutional applications may nonetheless susceptible facial challenge rarest cases justifiably think able confidently discern congress desired legislation stand unless validly stand every application leaping resolve shelby county facial challenge without considering whether application vra shelby county constitutional even addressing vra severability provision opinion hardly described exemplar restrained moderate decisionmaking quite opposite hubris fit word today demolition vra stops application holding coverage formula unconstitutional pins result large measure fundamental principle equal sovereignty ante katzenbach however held uncertain terms principle applies terms upon admitted union remedies local evils subsequently appeared emphasis added katzenbach acknowledges rejected notion equal sovereignty principle operate bar differential treatment outside context admission new ante citing emphasis omitted clouds clear understanding citing dictum northwest austin convey principle equal sovereignty remains highly pertinent assessing subsequent disparate treatment ante citing see also ante relying northwest austin emphasis significance principle suggesting dictum northwest austin silently overruled katzenbach limitation equal sovereignty doctrine admission new suggestion untenable northwest austin cited katzenbach holding course declining decide whether vra constitutional even standard review applied question today decision ratchets pure dictum northwest austin attributing breadth equal sovereignty principle flat contradiction katzenbach nary explanation finds katzenbach wrong let alone discussion whether stare decisis nonetheless counsels adherence katzenbach ruling limited significance equal sovereignty principle today unprecedented extension equal principle outside proper domain admission new capable much mischief federal statutes treat disparately hardly novelties see state may operate permit gambling scheme unless state conducted scheme time period beginning january ending august epa required locate green building project state meeting specified population criteria least percent rural drug enforcement assistance funding must allocated population density fewer persons per square mile state largest county fewer one hundred fifty thousand people based decennial census fiscal year similar population criteria funding combat rural domestic violence specifying rules applicable nevada yucca mountain nuclear waste site providing state state nevada may receive financial assistance subsection december provisions remain safe given expansion equal sovereignty sway gravest concern congress relied pathmarking katzenbach decision reauthorization vra every reason believe act limited geographical scope weigh favor act constitutionality see morrison confining preclearance regime record discrimination bolstered vra constitutionality congress hardly foreseen vra limited geographic reach render act constitutionally suspect see persily upporters act sought develop evidentiary record principal purpose explaining covered jurisdictions remain covered rather justifying coverage certain jurisdictions conception appears defenders vra prevail upon showing record overwhelmingly bears need continuing preclearance regime covered addition defenders disprove existence comparable need elsewhere see tr oral arg suggesting proof egregious episodes racial discrimination covered jurisdictions suffice carry day vra unless episodes shown absent elsewhere aware precedent imposing double burden defenders legislation time declined upset legislation genre unless almost evidence unconstitutional action see city boerne flores legislative record mention ed episodes kind legislation aimed check occurring past years claim made congressional record vra reauthorization given record replete examples denial abridgment paramount federal right left matter belongs congress bailiwick instead strikes coverage provision view provision based current conditions ante discounts however one condition preclearance remedy place covered jurisdictions remedy congress designed catch discrimination causes harm guard return old ways reauthorization volumes evidence supported congress prospect retrogression real throwing preclearance worked continuing work stop discriminatory changes like throwing away umbrella rainstorm getting wet insists coverage formula good based data eradicated practices ante even legislative record shows engaging reveal formula accurately identifies jurisdictions worst conditions voting discrimination moment sees congress decrees must star scratch ante see congress chore different small number instances familiar congress name congress fixed attention katzenbach drafting coverage formula congress began work reliable evidence actual voting discrimination great majority sought target formula congress eventually evolved describe areas also captured subject congressional factfinding ibid nevertheless upheld formula entirety finding fair infer significant danger evil places formula covered ibid situation congress faced took reauthorization coverage formula formula effect many years jurisdictions covered familiar congress name question congress still sufficient basis support continued application preclearance remedy places point chance formula might inadvertently sweep new areas subject congressional findings congress determine record whether jurisdictions captured coverage still belonged preclearance regime need alter formula addressing prior reauthorizations vra question continuing relevance formula consider components record congress coverage provision identified known list places undisputed history serious problems racial discrimination voting recent evidence relating alabama counties see multiple decisions upheld coverage provision recently extensive evidence due preclearance mechanism conditions covered jurisdictions notably improved evidence preclearance still substantial effect stopped hundreds discriminatory voting changes covered jurisdictions since last reauthorization addition evidence racial polarization voting higher covered jurisdictions elsewhere increasing vulnerability minority citizens jurisdictions countless witnesses reports case studies documented continuing problems voting jurisdictions light record congress reasonable basis conclude existing coverage formula sync conditions ground covered areas certainly shelby county candidate release mechanism congress provided see supra holds invalid ground irrational base coverage use voting tests years ago tests illegal since time ante disregards congress set enacting vra extraordinary legislation scarcely stopped particular tests devices happened exist grand aim act secure polity equal citizenship stature voice democracy undiluted race record reauthorization makes abundantly clear barriers minority voting rights emerged covered jurisdictions attempted substitutes barriers originally triggered preclearance jurisdictions see supra sad irony today decision lies utter failure grasp vra proven effective appears believe vra success eliminating specific devices extant means preclearance longer needed ante belief argument derived history repeats assumption problem solved particular methods voting discrimination identified eliminated indulged proved wrong repeatedly prior vra enactment unlike prior statutes singled particular tests devices vra grounded congress recognition variety persistence measures designed impair minority voting rights katzenbach supra truth evolution voting discrimination subtle barriers powerful evidence remedy effective preclearance remains vital protect minority voting rights prevent backsliding beyond question vra ordinary legislation extraordinary congress embarked mission long delayed extraordinary importance realize purpose promise fifteenth amendment half century concerted effort made end racial discrimination voting thanks voting rights act progress subject dream achieved continues made record supporting reauthorization vra also extraordinary described chairman house judiciary committee one extensive considerations piece legislation congress dealt years served house cong rec july statement sensenbrenner exhaustive deliberative process congress reauthorized vra including coverage provision overwhelming bipartisan support judgment congress years sufficient amount time eliminate vestiges discrimination following nearly years disregard dictates amendment ensure right citizens vote protected guaranteed constitution reauthorization stat determination body empowered enforce civil war amendments appropriate legislation merits utmost respect judgment errs egregiously overriding congress decision reasons stated affirm judgment appeals footnotes fourteenth fifteenth amendments issue northwest austin see juris statement brief federal appellee northwest austin municipal util dist one holder accordingly northwest austin guides review amendments case footnotes purports declare unconstitutional coverage formula set see ante without formula immobilized constitution uses words right vote five separate places fourteenth fifteenth nineteenth amendments amendments contains broad empowerment congress enact appropriate legislation enforce protected right implication unmistakable constitutional structure congress holds lead rein making right vote equally real citizens amendments line special role assigned congress protecting integrity democratic process federal elections art congress may time law make alter regulations concerning times places manner holding elections senators representatives arizona inter tribal council ante acknowledging existence serious constitutional questions see ante internal quotation marks omitted suggest questions answered number includes changes actually proposed congress also received evidence many covered jurisdictions engaged informal consultation process doj formally submitting proposal deterrent effect preclearance far broader formal submissions alone suggest continuing need section hearing senate committee judiciary pp agree unsupported assertion deterrence sufficient justify keeping remedy place perpetuity see ante certainly reasonable congress consider testimony witnesses worked officials covered jurisdictions observed deterrent effect illustration postdating reauthorization see south carolina supp dc involved south carolina law enacted concerned law burden minority voters doj brought enforcement action block law implementation course litigation south carolina officials agreed binding interpretations made far easier might expected feared south carolina citizens vote panel precleared law adopting interpretations express condition preclearance two judges commented case demonstrated continuing utility section voting rights act deterring problematic hence encouraging changes state local voting laws opinion bates preclearance occurs covered jurisdictions expected stop obviously objectionable measures one expect lower rate successful lawsuits jurisdictions risk voting discrimination elsewhere country lawsuit filed shelby county political subdivision alabama rather state nevertheless appropriate judge shelby county constitutional challenge light instances discrimination statewide shelby county subject preclearance requirement virtue alabama designation covered jurisdiction vra see ante event shelby county recent record employing electoral system tainted intentional racial discrimination sufficient justify subjecting county preclearance mandate see infra congress continued preclearance alabama including shelby county considering evidence current barriers minority voting clout shelby county thus redhead caught arbitrary scheme see ante contest alabama history racial discrimination provides sufficient basis congress require alabama political subdivisions preclear electoral changes nevertheless asserts shelby county may prevail facial challenge coverage formula subject preclearance requirement virtue formula see ante county selected preclearance based th coverage misses reality congress decided subject alabama preclearance based evidence continuing constitutional violations state see supra