Cite as: 570 U. S. ____ (2013)
19
GINSBURG, J., dissenting
were the only metrics capable of justifying reauthorization
of the VRA. Ibid.
B
I turn next to the evidence on which Congress based its
decision to reauthorize the coverage formula in §4(b).
Because Congress did not alter the coverage formula, the
same jurisdictions previously subject to preclearance
continue to be covered by this remedy. The evidence just
described, of preclearance’s continuing efficacy in blocking
constitutional violations in the covered jurisdictions, itself
grounded Congress’ conclusion that the remedy should be
retained for those jurisdictions.
There is no question, moreover, that the covered juris
dictions have a unique history of problems with racial
discrimination in voting. Ante, at 12–13. Consideration of
this long history, still in living memory, was altogether
appropriate. The Court criticizes Congress for failing to
recognize that “history did not end in 1965.” Ante, at 20.
But the Court ignores that “what’s past is prologue.” W.
Shakespeare, The Tempest, act 2, sc. 1. And “[t]hose who
cannot remember the past are condemned to repeat it.” 1
G. Santayana, The Life of Reason 284 (1905). Congress
was especially mindful of the need to reinforce the gains
already made and to prevent backsliding. 2006 Reauthor
ization §2(b)(9).
Of particular importance, even after 40 years and thou
sands of discriminatory changes blocked by preclearance,
conditions in the covered jurisdictions demonstrated that
the formula was still justified by “current needs.” Northwest Austin, 557 U. S., at 203.
Congress learned of these conditions through a report,
known as the Katz study, that looked at §2 suits between
1982 and 2004. To Examine the Impact and Effectiveness
of the Voting Rights Act: Hearing before the Subcommit
tee on the Constitution of the House Committee on the