2
SHELBY COUNTY v. HOLDER
Syllabus
tinued constitutionality. See Northwest Austin Municipal Util. Dist.
No. One v. Holder, 557 U. S. 193.
Petitioner Shelby County, in the covered jurisdiction of Alabama,
sued the Attorney General in Federal District Court in Washington,
D. C., seeking a declaratory judgment that sections 4(b) and 5 are facially unconstitutional, as well as a permanent injunction against
their enforcement. The District Court upheld the Act, finding that
the evidence before Congress in 2006 was sufficient to justify reauthorizing §5 and continuing §4(b)’s coverage formula. The D. C. Circuit affirmed. After surveying the evidence in the record, that court
accepted Congress’s conclusion that §2 litigation remained inadequate in the covered jurisdictions to protect the rights of minority
voters, that §5 was therefore still necessary, and that the coverage
formula continued to pass constitutional muster.
Held: Section 4 of the Voting Rights Act is unconstitutional; its formula
can no longer be used as a basis for subjecting jurisdictions to preclearance. Pp. 9–25.
(a) In Northwest Austin, this Court noted that the Voting Rights
Act “imposes current burdens and must be justified by current needs”
and concluded that “a departure from the fundamental principle of
equal sovereignty requires a showing that a statute’s disparate geographic coverage is sufficiently related to the problem that it targets.”
557 U. S., at 203. These basic principles guide review of the question
presented here. Pp. 9–17.
(1) State legislation may not contravene federal law. States retain broad autonomy, however, in structuring their governments and
pursuing legislative objectives. Indeed, the Tenth Amendment reserves to the States all powers not specifically granted to the Federal
Government, including “the power to regulate elections.” Gregory v.
Ashcroft, 501 U. S. 452, 461–462. There is also a “fundamental principle of equal sovereignty” among the States, which is highly pertinent in assessing disparate treatment of States. Northwest Austin,
supra, at 203.
The Voting Rights Act sharply departs from these basic principles.
It requires States to beseech the Federal Government for permission
to implement laws that they would otherwise have the right to enact
and execute on their own. And despite the tradition of equal sovereignty, the Act applies to only nine States (and additional counties).
That is why, in 1966, this Court described the Act as “stringent” and
“potent,” Katzenbach, 383 U. S., at 308, 315, 337. The Court nonetheless upheld the Act, concluding that such an “uncommon exercise of
congressional power” could be justified by “exceptional conditions.”
Id., at 334. Pp. 9–12.
(2) In 1966, these departures were justified by the “blight of ra-