2
SHELBY COUNTY v. HOLDER
Opinion of the Court
Nearly 50 years later, they are still in effect; indeed,
they have been made more stringent, and are now scheduled to last until 2031. There is no denying, however, that
the conditions that originally justified these measures no
longer characterize voting in the covered jurisdictions. By
2009, “the racial gap in voter registration and turnout
[was] lower in the States originally covered by §5 than it
[was] nationwide.” Northwest Austin Municipal Util. Dist.
No. One v. Holder, 557 U. S. 193, 203–204 (2009). Since
that time, Census Bureau data indicate that AfricanAmerican voter turnout has come to exceed white voter
turnout in five of the six States originally covered by §5,
with a gap in the sixth State of less than one half of one
percent. See Dept. of Commerce, Census Bureau, Reported Voting and Registration, by Sex, Race and Hispanic Origin, for States (Nov. 2012) (Table 4b).
At the same time, voting discrimination still exists; no
one doubts that. The question is whether the Act’s extraordinary measures, including its disparate treatment of
the States, continue to satisfy constitutional requirements.
As we put it a short time ago, “the Act imposes current
burdens and must be justified by current needs.” Northwest Austin, 557 U. S., at 203.
I
A
The Fifteenth Amendment was ratified in 1870, in the
wake of the Civil War. It provides that “[t]he right of
citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account
of race, color, or previous condition of servitude,” and it
gives Congress the “power to enforce this article by appropriate legislation.”
“The first century of congressional enforcement of the
Amendment, however, can only be regarded as a failure.”
Id., at 197. In the 1890s, Alabama, Georgia, Louisiana,