northwest austin municipal utility district number one holder attorney general et argued april decided june appellant small utility district elected board located texas required voting rights act act seek federal preclearance change anything elections even though evidence ever discriminated basis race elections district filed suit seeking relief bailout provision act allows political subdivision released preclearance requirements certain conditions met district argued alternative interpreted render ineligible bailout unconstitutional federal district rejected claims concluded bailout available counties parishes subunits register voters entity like district register voters also concluded amendment extending years constitutional held historic accomplishments voting rights act undeniable act raises serious constitutional concerns preclearance requirement represents intrusion areas state local responsibility otherwise unfamiliar federal system conditions relied upon upholding statutory scheme south carolina katzenbach city rome unquestionably improved improvements doubt due significant part voting rights act stand monument success act imposes current burdens must justified current needs act also differentiates ways may longer justified time recognizes judging constitutionality act congress gravest delicate duty called upon perform blodgett holden holmes concurring district found sizable record compiled congress support extension documented continuing racial discrimination deterred discriminatory changes shrink duty bulwark limited constitution legislative encroachments federalist well established normally decide constitutional question ground upon dispose case escambia county mcmillan district also raises statutory claim eligible bail claim sufficient resolve appeal pp act must interpreted permit political subdivisions including district seek bail preclearance requirements undisputed district political subdivision ordinary sense act also provides narrower definition olitical subdivision shall mean county parish except registration voting conducted supervision county parish term shall include subdivision state conducts registration voting concluded district qualify bailout definition specific precedent act structure underlying constitutional concerns compel broader reading already established definition apply term political subdivision preclearance provision see sheffield bd rather definition intended operate purposes determining political units nondesignated may separately designated coverage nce state designated definition operative significance determining reach dougherty county bd ed white light decisions definition constrict availability bailout either government responds argument foreclosed city rome however congress expressly repudiated city rome thus city rome logic longer applicable government contention district subject sheffield political subdivision state counterintuitive similarly untenable amendments government contrary interpretation helped render bailout provision nullity since jurisdictions covered political subdivisions successfully bailed act unlikely congress intended provision limited effect pp supp reversed remanded roberts delivered opinion stevens scalia kennedy souter ginsburg breyer alito joined thomas filed opinion concurring judgment part dissenting part northwest austin municipal utility trict number one appellant eric holder attorney general et al appeal district district columbia june chief justice roberts delivered opinion plaintiff case small utility district raising big question constitutionality voting rights act district elected board required seek preclearance federal authorities washington change anything elections required even though never evidence racial discrimination voting district district filed suit seeking relief preclearance obligations bailout provision voting rights act provision allows release political subdivision preclearance requirements certain rigorous conditions met denied relief concluding bailout unavailable political subdivision like utility district register voters district appealed arguing act imposes limitation bailout preclearance requirements unconstitutional constitutional question attracted ardent briefs dozens interested parties importance question justify rushing decide quite contrary usual practice avoid unnecessary resolution constitutional questions agree district eligible act seek bailout therefore reverse reach constitutionality fifteenth amendment promises right citizens vote shall denied abridged account race color previous condition servitude amdt addition right amendment also gives congress power enforce article appropriate legislation first century congressional enforcement amendment however regarded failure early enforcement acts inconsistently applied repealed rise jim crow south carolina katzenbach keyssar right vote another series enforcement statutes depended individual lawsuits filed department justice litigation slow expensive creative contriving new rules continue violating fifteenth amendment face adverse federal decrees katzenbach supra riley kennedy slip congress responded voting rights act section act operates nationwide exists today provision forbids standard practice procedure results denial abridgment right citizen vote account race color section issue case remainder act constitutes scheme stringent remedies aimed areas voting discrimination flagrant katzenbach supra rather continuing depend litigation act directly powerful tools black disenfranchisement covered areas literacy tests similar voting qualifications abolished act voting rights act stat although tests may facially neutral easily manipulated keep blacks voting act also empowered federal examiners override state determinations eligible vote two remedies bolstered suspended changes state election procedure submitted approved federal district washington attorney general codified amended preclearance granted change neither purpose effect denying abridging right vote account race color ibid interpreted requirements apply rights guaranteed drawing district lines well allen state bd elections confine remedies areas flagrant disenfranchisement act applied used forbidden test device november less voter registration turnout presidential election stat congress recognized coverage formula adopted might bring within sweep governmental units guilty unlawful discriminatory voting practices briscoe bell therefore afforded jurisdictions immediately available protection form suit ibid bail current provision jurisdiction must seek declaratory judgment district washington must show previous years used forbidden voting test subject valid objection found liable voting rights violations must also show engaged constructive efforts eliminate intimidation harassment voters similar measures attorney general consent entry judgment favor bailout evidence warrants though interested parties allowed intervene declaratory judgment action restrictions bail covered jurisdiction must show every jurisdiction territory complied requirements district also retains continuing jurisdiction successful bailout suit years may reinstate coverage violation found enacted voting rights act temporary provisions expected effect five years stat upheld temporary voting rights act appropriate exercise congressional power katzenbach explaining constitutional propriety voting rights act must judged reference historical experience reflects concluded problems congress faced passed act dire exceptional conditions justify legislative measures otherwise appropriate citing home building loan assn blaisdell wilson new congress reauthorized act years years years coverage formula remained based use tests rate registration turnout among voters pertinent dates assessing criteria moved include eventually upheld reauthorizations constitutional challenges finding circumstances continued justify provisions georgia city rome lopez monterey county recently congress extended yet another years fannie lou hamer rosa parks coretta scott king voting rights act reauthorization amendments act stat act retained last baseline year triggering coverage latest extension us northwest austin municipal utility district number one created deliver city services residents portion travis county texas governed board five members elected staggered terms four years district register voters responsible elections administrative reasons elections run travis county district located texas subject obligations although evidence ever discriminated basis race district filed suit district district columbia seeking relief statute bailout provisions arguing alternative interpreted render district ineligible bailout unconstitutional district rejected claims statute state political subdivision permitted seek bailout concluded district political subdivision term includes counties parishes subunits northwest austin municipal util dist one mukasey supp turning district constitutional challenge concluded extension constitutional congress rationally concluded extending necessary protect minorities continued racial discrimination voting amendment qualifies congruent proportional response continuing problem racial discrimination voting noted probable jurisdiction reverse ii historic accomplishments voting rights act undeniable first passed unconstitutional discrimination rampant registration whites ran roughly percentage points ahead black registration many covered katzenbach supra today registration gap white black voters single digits covered blacks register vote higher rates whites similar dramatic improvements occurred racial minorities first generation barriers minority voter registration voter turnout place prior voting rights act eliminated bartlett strickland slip plurality opinion passage voting rights act important step struggle end discriminatory treatment minorities seek exercise one fundamental rights citizens right vote time authorizes federal intrusion sensitive areas state local policymaking imposes substantial costs lopez supra quoting miller johnson federalism costs caused members express serious misgivings constitutionality katzenbach black concurring dissenting allen harlan concurring part dissenting part georgia supra powell dissenting city rome rehnquist dissenting powell dissenting lopez thomas dissenting kennedy concurring judgment section goes beyond prohibition fifteenth amendment suspending changes state election law however innocuous precleared federal authorities washington preclearance requirement applies broadly naacp hampton county election particular every political subdivision covered state matter small sheffield bd conditions relied upon upholding statutory scheme katzenbach city rome unquestionably improved things changed south voter turnout registration rates approach parity blatantly discriminatory evasions federal decrees rare minority candidates hold office unprecedented levels see generally improvements doubt due significant part voting rights act stand monument success past success alone however adequate justification retain preclearance requirements see issacharoff section voting rights act victim success colum rev may improvements insufficient conditions continue warrant preclearance act act imposes current burdens must justified current needs act also differentiates despite historic tradition enjoy equal sovereignty louisiana citing lessee pollard hagan see also texas white wall distinctions justified cases doctrine equality bar remedies local evils subsequently appeared katzenbach supra emphasis added departure fundamental principle equal sovereignty requires showing statute disparate geographic coverage sufficiently related problem targets federalism concerns underscored argument preclearance requirements one state unconstitutional another see georgia ashcroft kennedy concurring race predominant factor redistricting decision miller johnson yet considerations race doom redistricting plan fourteenth amendment seem save additional constitutional concerns raised saying tension must persist covered jurisdictions elsewhere evil meant address may longer concentrated jurisdictions singled preclearance statute coverage formula based data years old considerable evidence fails account current political conditions example racial gap voter registration turnout lower originally covered nationwide blum campbell assessment voting rights progress jurisdictions covered section five voting rights act american enterprise institute congress heard warnings supporters extending evidence record address systematic differences covered areas fact evidence record suggests similarity difference continuing need section hearing senate committee judiciary statement richard pildes see also persily promise pitfalls new voting rights act yale one say defense coverage formula best politically feasible alternatives changing formula disrupt settled expectations parties agree standard apply deciding whether light foregoing concerns congress exceeded fifteenth amendment enforcement power extending preclearance requirements district argues must congruence proportionality injury prevented remedied means adopted end brief appellant quoting city boerne flores federal government asserts enough legislation means effectuate constitutional prohibition brief federal appellee quoting katzenbach supra question extensively briefed case need resolve act preclearance requirements coverage formula raise serious constitutional questions either test assessing questions keenly mindful institutional role fully appreciate judging constitutionality act congress gravest delicate duty called perform blodgett holden holmes concurring congress coequal branch government whose members take oath uphold constitution rostker goldberg fifteenth amendment empowers congress determine first instance legislation needed enforce congress amassed sizable record support decision extend preclearance requirements record district determined document ed contemporary racial discrimination covered supp district also found record demonstrat ed section prevents discriminatory voting changes quietly effectively deterring discriminatory changes shrink duty bulwar limited constitution legislative encroachments federalist cooke ed hamilton principle governing prudent exercise jurisdiction normally decide constitutional question ground upon dispose case escambia county mcmillan per curiam district also raises statutory claim eligible bail justice thomas argues principle constitutional avoidance pertinence contends even resolve district statutory argument favor still reach constitutional question district statutory argument afford relief seeks post opinion concurring judgment part dissenting part disagree district expressly describes constitutional challenge alternative statutory argument see brief appellant reverse judgment district render judgment district entitled use bailout procedure alternative constitutionally applied district district counsel confirmed oral argument see tr oral arg question acknowledge find favor bailout point need reach constitutional point answer acknowledge therefore turn district statutory argument iii section voting rights act authorizes bailout suit state political subdivision dispute district political subdivision state texas ordinary sense term see black law dictionary ed division state exists primarily discharge function local government district created texas law powers government relating local utilities natural resources tex art xvi tex water code ann west see also bennett brown cty water improvement dist tex ater improvement district held political subdivisions state internal quotation marks omitted act however also provides narrower statutory definition olitical subdivision shall mean county parish except registration voting conducted supervision county parish term shall include subdivision state conducts registration voting district concluded definition applied bailout provision district qualify since county parish conduct voter registration statutory definitions control meaning statutory words course usual case unusual case lawson suwannee fruit see also farmers reservoir irrigation mccomb philko aviation shacket scope considered isolation rest statute prior cases district approach might well correct specific precedent structure voting rights act underlying constitutional concerns compel broader reading bailout provision importantly write blank slate decisions already established statutory definition apply every use term political subdivision act example concluded definition apply preclearance obligation according text applies henever covered state political subdivision enacts administers new voting practice yet sheffield bd rejected argument texas city neither state political subdivision defined act therefore need seek preclearance voting change dissent agreed city pointing city meet statutory definition political subdivision therefore covered opinion stevens majority however relying purpose structure act concluded definition intended operate purposes determining political units nondesignated may separately designated coverage see also congress exclusive objective limit jurisdictions may separately designated coverage reaffirmed restricted scope statutory definition next term dougherty county bd ed white school board argued id meet definition political subdivision id come within purview responded contention squarely foreclosed decision last term sheffield expressly rejected suggestion city sheffield beyond ambit register voters hence political subdivision term defined act nce state designated coverage definition political subdivision operative significance determining reach internal quotation marks omitted according decisions statutory definition political subdivision apply every use term political subdivision act even intervenors oppose district bailout concede example definition apply bans racial discrimination voting state political subdivision see brief texas state conference naacp branches et al citing smith salt river project agricultural improvement power see also uvalde consol independent school held definition limits meaning phrase political subdivision appears certain parts act confine phrase used elsewhere act light holdings statutory definition constrict scope preclearance required district argues stands reason definition constrict availability bailout preclearance requirements either government responds argument foreclosed interpretation statute city rome argues made clear discussion political subdivisions sheffield dictum specifically held political subdivision purposes bailout brief federal appellee quoting city rome supra even city rome held premises statutory holding survive later changes law city rome rejected city attempt bail coverage concluding political units covered jurisdiction independently bring bailout action concluded statute written authorized bailout suit state subject coverage formula political subdivision respect coverage determinations made separate unit quoting ed see also political subdivisions covered part covered state rather separate coverage determinations separately bail justice stevens put political subdivisions covered state entitled bail piecemeal fashion concurring opinion however congress expressly repudiated city rome instead embraced piecemeal bailout part overhaul bailout provision congress amended voting rights act expressly provide bailout also available political subdivisions covered state though coverage determinations made respect subdivision separate unit voting rights act amendments stat codified emphasis added words congress decided jurisdiction covered within covered state need remain covered long state subdivision met bailout requirements bail even state light amendments logic denying bailout city rome longer applicable voting rights act anything logic compels opposite conclusion bailout preclearance governed principle symmetry given decision sheffield political units covered state treated purposes though subdivisions state follows also treated purposes bailout provisions city rome supra stevens concurring government contends reading sheffield mistaken district subject decision sheffield political subdivision state mean bail whole state bail assertion district state least counterintuitive acknowledge however much confusion sheffield held city case covered text see city rome stevens concurring see also uvalde consol independent school dist rehnquist dissenting denial certiorari yet settled proper construction term amendments government position untenable district considered state therefore necessarily subject preclearance long texas covered must true subdivisions state including counties render even counties unable seek bailout long state covered restriction amendments overturned nobody denies counties covered state seek bailout several see voting rights act section act history scope purpose hearing subcommittee constitution house committee judiciary detailing bailouts piecemeal bailout permitted true treats every governmental unit state government contrary interpretation helped render bailout provision nullity since jurisdictions covered political subdivisions successfully bailed act app brief jurisdictions bailed amici curiae dept commerce bureau census census governments vol pp unlikely congress intended provision limited effect see hayes slip therefore hold political subdivisions described eligible file bailout suit years ago concluded exceptional conditions prevailing certain parts country justified extraordinary legislation otherwise unfamiliar federal system katzenbach part due success legislation different nation whether conditions continue justify legislation difficult constitutional question answer today conclude instead voting rights act permits political subdivisions including district case seek relief preclearance requirements judgment district reversed case remanded proceedings consistent opinion ordered northwest austin municipal utility district number one appellant eric holder attorney general et al appeal district district columbia june justice thomas concurring judgment part dissenting part appeal presents two questions first whether appellant entitled bail coverage voting rights act vra second whether preclearance requirement vra unconstitutional statutory decision provide appellant full relief conclude inappropriate apply constitutional avoidance doctrine case therefore decide constitutional issue presented hold exceeds congress power enforce fifteenth amendment doctrine constitutional avoidance factors heavily conclusion appellant eligible bailout political subdivision vra see ante regardless resolution statutory question full agreement case raises serious questions concerning constitutionality vra unlike believe doctrine constitutional avoidance applicable ultimate relief sought case bailout eligibility bailout see first amended complaint ddc record doc plaintiff requests declare district met requirements vra preclearance requirements longer apply district alternative act applied district unconstitutional overextension congress enforcement power remedy past violations fifteenth amendment eligibility bailout turns statutory question addressed proper definition political subdivision bailout clauses vra entitlement bailout however requires covered political subdivision submit substantial evidence indicating engaging discrimination voting account race see properly declines give appellant bailout appellant yet proved compliance statutory requirements relief see fact record shows appellant factual entitlement bailout vigorously contested issue see naacp statement undisputed material facts ddc pp record doc attorney general statement uncontested material facts ddc record doc given resolution statutory question thus correctly remanded case resolution appellant factual entitlement bailout see ante position award appellant bailout adjudication constitutionality view avoided traditionally avoidance canon doctrine courts read statutes avoid mere constitutional doubts instead commanded courts faced two plausible constructions statute one constitutional unconstitutional choose constitutional reading clark martinez thomas dissenting extent constitutional avoidance worthwhile tool statutory construction allows dispose entire case grounds require pass statute constitutionality see ashwander tva brandeis concurring pass upon constitutional question although properly presented record also ground upon case may disposed see also mayor philadelphia educational equality league doctrine avoids decision constitutional questions possible permits one lawsuit rather two resolve entire controversy wright law federal courts ed absent determination appellant eligible bailout entitled case entirely disposed nonconstitutional ground cf tr oral arg give us bailout might choose reach constitutional issues receive relief invocation doctrine constitutional avoidance therefore inappropriate case doctrine constitutional avoidance also unavailable interpretation merely makes political subdivisions eligible bailout render constitutional notably suggest otherwise see clark supra thomas dissenting bailout eligibility distant prospect covered jurisdictions obtain bailout covered jurisdiction must satisfy numerous objective criteria must show previous years test device used within state political subdivision purpose effect denying abridging right vote account race color final judgment determined denials abridgments right vote account race color occurred anywhere territory covered jurisdiction federal examiners observers assigned covered jurisdiction covered jurisdiction fully complied attorney general interposed objection overturned final judgment declaratory judgment denied jurisdiction also burden presenting evidence minority participation including evidence levels minority group registration voting changes levels time disparities participation extensive requirements may difficult satisfy see brief georgia governor sonny purdue amicus curiae least objective covered jurisdiction seeking bailout must also meet subjective criteria must eliminated voting procedures methods election inhibit dilute equal access electoral process ii engaged constructive efforts eliminate intimidation harassment persons exercising rights protected act iii engaged constructive efforts expanded opportunity convenient registration voting every person voting age appointment minority persons election officials throughout jurisdiction stages election registration process iii result covered jurisdiction meeting objective conditions nonetheless denied bailout subjective view district district columbia engaged sufficiently constructive efforts expand voting opportunities iii congress course complete authority set terms bailout promise bailout opportunity great majority cases turned mirage notes handful covered political subdivisions successfully bailed act ante see williamson amendments voting rights act statutory analysis revised bailout provisions explaining conditions termination coverage made restrictive bailout continue impossible jurisdictions accordingly bailout eligibility eliminate issue constitutionality ii quite properly alerts congress tests outer boundaries fifteenth amendment enforcement authority may constitutional see ante although respect careful approach weighty issue nevertheless believe necessary definitively resolve important question reasons set forth conclude lack current evidence intentional discrimination respect voting renders unconstitutional provision longer justified appropriate mechanism enforcement fifteenth amendment government one delegated powers alone authority defined limited constitution powers granted instrument reserved people cruikshank see also term limits thornton thomas dissenting specific area voting rights consistently recognized constitution gives primary authority structuring electoral systems see white weiser burns richardson function essential separate independent existence governments power determine within limits constitution qualifications voters state county municipal offices nature machinery filling local public offices oregon mitchell opinion black state autonomy respect machinery defines sovereign entities rather mere provincial outposts subject every dictate central governing authority see amdt powers delegated constitution prohibited reserved respectively people see also alden maine main framers constitution intended keep provided tenth amendment power regulate elections gregory ashcroft internal quotation marks omitted sure state authority local elections absolute constitution fifteenth amendment guarantees right citizens vote shall denied abridged state account race color previous condition servitude grants congress authority enforce rights appropriate legislation fifteenth amendment thus renders unconstitutional federal state law limit citizen access ballot one three bases enumerated amendment see mobile bolden plurality opinion fifteenth amendment guards purposefully discriminatory denial abridgment government freedom vote nonetheless still retain sovereign authority election systems measure enacted furtherance fifteenth amendment must closely examined ensure encroachment state authority area limited appropriate enforcement ban discrimination certainly question vra initially passed pursuant congress authority fifteenth amendment lopez monterey county example seek implement fifteenth amendment substantive command creating private cause action enforce fifteenth amendment see banning discriminatory tests devices covered jurisdictions see see also city lockhart marshall concurring part dissenting part explaining reflects congress determination voting discrimination nationwide problem called general prohibition discriminatory practices provisions vra also directly enforce fifteenth amendment see elimination poll taxes effectively deny certain racial groups right vote person acting color law shall fail refuse permit person vote entitled vote willfully fail refuse tabulate count report person vote section however enacted different purpose prevent covered jurisdictions circumventing direct prohibitions imposed provisions see reno bossier parish school explaining combat different evils impose different duties upon section response common practice jurisdictions staying one step ahead federal courts passing new discriminatory voting laws soon old ones struck practice possible new law remained effect justice department private plaintiffs able sustain burden proving new law discriminatory beer internal quotation marks omitted rebellion enfranchisement blacks wake ratification fifteenth amendment illustrated need increased federal intervention protect right vote almost immediately following reconstruction blacks attempting vote met coordinated intimidation violence see mcdonald voting rights odyssey black enfranchisement georgia legislative executive branches state government firmly control white democrats resorted variety tactics including fraud intimidation violence take away vote blacks despite ratification fifteenth amendment victorious mayoral candidate wilmington north carolina example urged white voters speech go polls tomorrow find negro voting tell leave polls refuses kill shoot tracks tolnay beck festival violence analysis southern lynchings campaign violence eventually supplemented part replaced subtle methods engineered deny blacks right vote see south carolina katzenbach literacy tests particularly effective literacy tests adult negroes illiterate less adult whites unable read write rior civil war slave made crime teach negroes read write see also compounding tests discriminatory impact blacks alternative voter qualification laws grandfather clauses property qualifications character tests enacted protect whites unable pass literacy tests see also lopez supra thomas dissenting literacy tests unfairly administered whites given easy questions blacks given difficult questions number bubbles soap bar news contained copy peking daily meaning obscure passages state constitutions definition terms habeas corpus internal quotation marks omitted declared many tests devices unconstitutional see katzenbach supra eradication woefully inadequate ensure franchise extended citizens regardless race see result enforcement efforts enactment rendered right vote illusory blacks jim crow south despite civil war bloody purchase fifteenth amendment reality remained far promise rice cayetano see also wardlaw negro suffrage georgia fellowship studies southern setting accomplish effective nullification war measures congress thus congress every reason conclude history disenfranchising voters based race continue evade constitutional ban voting discrimination time voting discrimination infected electoral process parts country nearly century katzenbach moreover massive scale disenfranchisement efforts made enforcement fifteenth amendment impossible sisyphean see congress concluded unsuccessful remedies prescribed past replaced sterner elaborate measures order satisfy clear commands fifteenth amendment rice supra progress slow particularly litigation proceed case case district district sometimes voter voter thernstrom section voting rights act murky mess geo pub perfectly reasonable believe move affecting black enfranchisement deep south deeply suspect punitive measure hope forcing south let blacks vote emphasis original backdrop historical experience first enacted upheld constitutional challenge see katzenbach supra katzenbach explained applied political subdivisions employed discriminatory tests devices previous presidential election see directly targeted insidious pervasive evil perpetuated certain parts country unremitting ingenious defiance constitution see also congress began work reliable evidence actual voting discrimination great majority political subdivisions affected new remedies act according appropriate radically interfere control local elections jurisdictions history discriminatory disenfranchisement geographic areas immediate action seemed necessary believed thus permissible impose new remedies jurisdictions covered least absence proof ha free substantial voting discrimination recent years upholding katzenbach nonetheless noted provision uncommon exercise congressional power appropriate absent exceptional conditions unique circumstances present targeted jurisdictions particular time reaching decision thus refused simply accept congress representation extreme measure necessary enforce fifteenth amendment rather closely reviewed record compiled congress ensure antievasion legislation see highlighted evidence showing black voter registration rates ran approximately percentage points lower white voter registration several see also noted registration rate blacks alabama rose louisiana barely inched ahead mississippi increased ibid observed voter turnout levels covered jurisdictions least national average presidential election see statistical evidence confirmed congress judgment extraordinary stratagem contriving new rules various kinds sole purpose perpetuating voting discrimination face adverse federal decrees working defeated enforcement fifteenth amendment record also clearly supported congress predictive judgment might try similar maneuvers future order evade remedies voting discrimination contained act ibid stark statistics conjunction unrelenting use discriminatory tests practices denied blacks right vote constituted sufficient proof actual voting discrimination uphold preclearance requirement imposed covered jurisdictions appropriate exercise congressional power fifteenth amendment nder compulsion unique circumstances congress responded permissibly decisive manner several important principles emerge katzenbach decisions followed first prohibits state voting practices necessarily encompassed explicit prohibition intentional discrimination found text fifteenth amendment explicit command fifteenth amendment prohibition state practices fact deny individuals right vote account race color previous servitude contrast quintessential prophylaxis goes beyond prohibition fifteenth amendment suspending changes state election law however innocuous precleared federal authorities washington ante freely acknowledged legislation preventative upholding based view reconstruction amendments give congress power remedy deter violation rights guaranteed thereunder prohibiting somewhat broader swath conduct including forbidden amendment text kimel florida bd regents emphasis added second sweeps broadly substantive command fifteenth amendment pushes outer boundaries congress fifteenth amendment enforcement authority see miller johnson detailing federalism costs exacted presley etowah county describing extraordinary departure traditional course relations federal government city rome powell dissenting preclearance requirement intrudes prerogatives state local governments abridges voting rights citizens covered act lopez thomas dissenting section unique requirement exacts significant federalism costs ante section authorizes federal intrusion sensitive areas state local policymaking imposes substantial federalism costs internal quotation marks omitted indeed preclearance requirement one extraordinary remedial provisions act noted broad remedies even department justice described departure ordinary concepts federal system encroachment state sovereignty significant undeniable sheffield bd stevens dissenting omitted encroachment especially troubling destroys local control means one central values polity city rome supra powell dissenting years enactment intrusion become increasingly difficult justify third accommodate tension constitutional imperatives fifteenth tenth amendments balance allowing federal government patrol state voting practices discrimination preserving significant interest constitutionality always depended proven existence intentional discrimination extensive elimination enforcement impossible see katzenbach enacting measure congress explored great care problem racial discrimination voting katzenbach morgan harlan dissenting congress made detailed investigation various state practices used deprive negroes franchise remedy without wrong essential holdings south carolina katzenbach city rome conclusion congress remedying effects prior intentional racial discrimination cases required congress evidence jurisdiction burdened preclearance obligations actually engaged intentional discrimination lopez supra thomas dissenting emphasis original never deviated understanding explained prophylactic legislation designed enforce reconstruction amendments must identify conduct transgressing substantive provisions seeks enforce tailored remedying preventing conduct florida prepaid postsecondary ed expense bd college savings bank congress must establish history pattern constitutional violations establish need justifying remedy pushes limits constitutional authority board trustees univ garrett result withstand renewed constitutional scrutiny must demonstrated connection remedial measures chosen evil presented record made congress renewed act city boerne flores strong measures appropriate address one harm may unwarranted response another lesser one ibid extensive pattern discrimination led previously uphold enforcing fifteenth amendment longer exists covered jurisdictions engaged systematic campaign deny black citizens access ballot intimidation violence days grandfather clauses property qualifications character tests requirement registrants certain matter katzenbach gone thus currently concerted effort jurisdictions engage unremitting ingenious defiance constitution served constitutional basis upholding uncommon exercise congressional power embodied lack sufficient evidence covered jurisdictions currently engage type discrimination underlay enactment undermines basis retaining punishment long past sins legitimate basis imposing preventative measure already served purpose supporting reenactment argue without jurisdictions return racially discriminatory practices years ago evidence public officials stand ready given chance engage concerted acts violence terror subterfuge order keep minorities voting without evidence charge premised outdated assumptions racial attitudes covered jurisdictions admitting prophylactic law broad longer constitutionally justified based current evidence discrimination sign defeat acknowledgment victory current statistical evidence confirms emergency prompted enactment long since passed voter registration rates blacks alabama louisiana mississippi jumped respectively see app brief southeastern legal foundation amicus curiae hereinafter slf brief therefore contrast katzenbach finding registration whites ran roughly percentage points ahead negro registration see since time disparity nearly vanished disparity percentage points alabama percentage points louisiana mississippi black voter registration actually exceeded white voter registration percentage points see app slf brief addition blacks three covered also higher registration numbers registration rate whites noncovered see blum campbell assessment voting rights progress jurisdictions covered section five voting rights act american enterprise institute see also noting presently seven covered registered rate higher national average two black registration election identical national average california georgia mississippi north carolina texas black registration turnout election higher whites indeed reenacting congress evidently understood emergency conditions prompted original enactment longer exist see record reveals many first generation barriers minority voter registration voter turnout place prior vra eliminated instead relying kind evidence katzenbach found persuasive congress instead based reenactment evidence termed second generation barriers constructed prevent minority voters fully participating electoral process stat evidence probative type purposeful discrimination prompted congress enact example congress relied upon evidence racially polarized voting within covered jurisdictions racially polarized voting evidence unconstitutional discrimination see bolden state action see james bowman problem unique south see katz aisenbrey baldwin cheuse weisbrodt documenting discrimination voting judicial findings section voting rights act since reform evidence relied congress enforcement actions lawsuits federal examiner observer coverage also bears resemblance record initially supporting plainly insufficient sustain extraordinary remedy see slf brief sum evidence second generation barriers compare prevalent pervasive voting discrimination say voter discrimination extinct indeed district singled handful examples allegedly discriminatory voting practices record made congress see northwest austin municipal util dist one mukasey supp ddc existence discrete isolated incidents interference right vote never sufficient justification imposition extraordinary requirements inception statute promoted measure needed neutralize coordinated unrelenting campaign deny entire race access ballot see city boerne concluding katzenbach confronted widespread persisting deprivation constitutional rights resulting country history racial discrimination perfect compliance fifteenth amendment substantive command ever yardstick determining whether congress power employ broad prophylactic legislation enforce amendment burden remains congress prove extreme circumstances warranting enactment persist today record scattered infringement right vote constitutionally acceptable substitute fifteenth amendment ratified order guarantee citizen denied right vote based race color previous condition servitude congress passed vra promise remained unfulfilled far long years later violence intimidation subterfuge led congress pass uphold longer remains acknowledgment unconstitutionality represents fulfillment fifteenth amendment promise full enfranchisement honors success achieved vra footnotes covered jurisdictions awarded bailout virginia see ante represented attorney former lawyer voting rights section department justice see hebert assessment bailout provisions voting rights act voting rights act reauthorization henderson ed whatever reason anomaly underscores little relationship existence bailout constitutionality see also pt quoting ku klux klan letter warning black man georgia home value life vote advise race thing marked closely watched see also jackson daily mississippian reprinted misc doc hereby warn negroes one race attempts run office approaching municipal election supremest peril warn negroes city attempting utmost hazard vote influence foist us black damnable machine miscalled government city publishing resolutions passed young white men league jackson although tests become main tool disenfranchising blacks state governments engaged violence see daniel tear gas clubs halt selma march washington times herald mar pp state troopers mounted deputies bombarded praying negroes tear gas today waded clubs whips ropes injuring scores negroes started today walk miles montgomery protest governor wallace denial negro voting rights alabama banner aid selma negroes times mar remember march sunday selma clear public officials police alabama war citizens negroes determined exercise rights constitution