Cite as: 570 U. S. ____ (2013) 1 GINSBURG, J., dissenting SUPREME COURT OF THE UNITED STATES _________________ No. 12–96 _________________ SHELBY COUNTY, ALABAMA, PETITIONER v. ERIC H. HOLDER, JR., ATTORNEY GENERAL, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT [June 25, 2013] JUSTICE GINSBURG, with whom JUSTICE BREYER, JUSTICE SOTOMAYOR, and JUSTICE KAGAN join, dissenting. In the Court’s view, the very success of §5 of the Voting Rights Act demands its dormancy. Congress was of another mind. Recognizing that large progress has been made, Congress determined, based on a voluminous rec­ ord, that the scourge of discrimination was not yet extir­ pated. The question this case presents is who decides whether, as currently operative, §5 remains justifiable,1 this Court, or a Congress charged with the obligation to enforce the post-Civil War Amendments “by appropriate legislation.” With overwhelming support in both Houses, Congress concluded that, for two prime reasons, §5 should continue in force, unabated. First, continuance would facilitate completion of the impressive gains thus far made; and second, continuance would guard against back­ sliding. Those assessments were well within Congress’ province to make and should elicit this Court’s unstinting approbation. I “[V]oting discrimination still exists; no one doubts that.” —————— 1 The Court purports to declare unconstitutional only the coverage formula set out in §4(b). See ante, at 24. But without that formula, §5 is immobilized.