Cite as: 570 U. S. ____ (2013)
33
GINSBURG, J., dissenting
ence of a comparable need elsewhere. See Tr. of Oral Arg.
61–62 (suggesting that proof of egregious episodes of racial
discrimination in covered jurisdictions would not suffice to
carry the day for the VRA, unless such episodes are shown
to be absent elsewhere). I am aware of no precedent for
imposing such a double burden on defenders of legislation.
C
The Court has time and again declined to upset legisla
tion of this genre unless there was no or almost no evi
dence of unconstitutional action by States. See, e.g., City
of Boerne v. Flores, 521 U. S. 507, 530 (1997) (legislative
record “mention[ed] no episodes [of the kind the legislation
aimed to check] occurring in the past 40 years”). No such
claim can be made about the congressional record for the
2006 VRA reauthorization. Given a record replete with
examples of denial or abridgment of a paramount federal
right, the Court should have left the matter where it
belongs: in Congress’ bailiwick.
Instead, the Court strikes §4(b)’s coverage provision
because, in its view, the provision is not based on “current
conditions.” Ante, at 17. It discounts, however, that one
such condition was the preclearance remedy in place in
the covered jurisdictions, a remedy Congress designed
both to catch discrimination before it causes harm, and to
guard against return to old ways. 2006 Reauthorization
§2(b)(3), (9). Volumes of evidence supported Congress’ de
termination that the prospect of retrogression was real.
Throwing out preclearance when it has worked and is
continuing to work to stop discriminatory changes is like
throwing away your umbrella in a rainstorm because you
are not getting wet.
But, the Court insists, the coverage formula is no good;
it is based on “decades-old data and eradicated practices.”
Ante, at 18. Even if the legislative record shows, as engag
ing with it would reveal, that the formula accurately