4
SHELBY COUNTY v. HOLDER
GINSBURG, J., dissenting
most virulent—the VRA provided a fit solution for minor
ity voters as well as for States. Under the preclearance
regime established by §5 of the VRA, covered jurisdictions
must submit proposed changes in voting laws or proce
dures to the Department of Justice (DOJ), which has 60
days to respond to the changes. 79 Stat. 439, codified at
42 U. S. C. §1973c(a). A change will be approved unless
DOJ finds it has “the purpose [or] . . . the effect of denying
or abridging the right to vote on account of race or color.”
Ibid. In the alternative, the covered jurisdiction may seek
approval by a three-judge District Court in the District of
Columbia.
After a century’s failure to fulfill the promise of the
Fourteenth and Fifteenth Amendments, passage of the
VRA finally led to signal improvement on this front. “The
Justice Department estimated that in the five years after
[the VRA’s] passage, almost as many blacks registered [to
vote] in Alabama, Mississippi, Georgia, Louisiana, North
Carolina, and South Carolina as in the entire century
before 1965.” Davidson, The Voting Rights Act: A Brief
History, in Controversies in Minority Voting 7, 21 (B.
Grofman & C. Davidson eds. 1992). And in assessing the
overall effects of the VRA in 2006, Congress found that
“[s]ignificant progress has been made in eliminating first
generation barriers experienced by minority voters, in
cluding increased numbers of registered minority voters,
minority voter turnout, and minority representation in
Congress, State legislatures, and local elected offices. This
progress is the direct result of the Voting Rights Act of
1965.” Fannie Lou Hamer, Rosa Parks, and Coretta Scott
King Voting Rights Act Reauthorization and Amendments
Act of 2006 (hereinafter 2006 Reauthorization), §2(b)(1),
120 Stat. 577. On that matter of cause and effects there
can be no genuine doubt.
Although the VRA wrought dramatic changes in the
realization of minority voting rights, the Act, to date,