Cite as: 570 U. S. ____ (2013)
21
Opinion of the Court
reauthorizing the Voting Rights Act. The court below and
the parties have debated what that record shows—they
have gone back and forth about whether to compare covered to noncovered jurisdictions as blocks, how to disaggregate the data State by State, how to weigh §2 cases
as evidence of ongoing discrimination, and whether to
consider evidence not before Congress, among other issues. Compare, e.g., 679 F. 3d, at 873–883 (case below),
with id., at 889–902 (Williams, J., dissenting). Regardless
of how to look at the record, however, no one can fairly say
that it shows anything approaching the “pervasive,” “flagrant,” “widespread,” and “rampant” discrimination that
faced Congress in 1965, and that clearly distinguished the
covered jurisdictions from the rest of the Nation at that
time. Katzenbach, supra, at 308, 315, 331; Northwest
Austin, 557 U. S., at 201.
But a more fundamental problem remains: Congress did
not use the record it compiled to shape a coverage formula
grounded in current conditions. It instead reenacted a
formula based on 40-year-old facts having no logical relation to the present day. The dissent relies on “secondgeneration barriers,” which are not impediments to the
casting of ballots, but rather electoral arrangements that
affect the weight of minority votes. That does not cure the
problem. Viewing the preclearance requirements as targeting such efforts simply highlights the irrationality of
continued reliance on the §4 coverage formula, which is
based on voting tests and access to the ballot, not vote
dilution. We cannot pretend that we are reviewing an
updated statute, or try our hand at updating the statute
ourselves, based on the new record compiled by Congress.
Contrary to the dissent’s contention, see post, at 23, we are
not ignoring the record; we are simply recognizing that it
played no role in shaping the statutory formula before us
today.
The dissent also turns to the record to argue that, in