16
SHELBY COUNTY v. HOLDER
Opinion of the Court
and used tear gas against hundreds marching in support of African-American enfranchisement. See Northwest
Austin, supra, at 220, n. 3 (THOMAS, J., concurring in
judgment in part and dissenting in part). Today both of
those towns are governed by African-American mayors.
Problems remain in these States and others, but there is
no denying that, due to the Voting Rights Act, our Nation
has made great strides.
Yet the Act has not eased the restrictions in §5 or narrowed the scope of the coverage formula in §4(b) along the
way. Those extraordinary and unprecedented features
were reauthorized—as if nothing had changed. In fact,
the Act’s unusual remedies have grown even stronger.
When Congress reauthorized the Act in 2006, it did so for
another 25 years on top of the previous 40—a far cry from
the initial five-year period. See 42 U. S. C. §1973b(a)(8).
Congress also expanded the prohibitions in §5. We had
previously interpreted §5 to prohibit only those redistricting plans that would have the purpose or effect of worsening the position of minority groups. See Bossier II, 528
U. S., at 324, 335–336. In 2006, Congress amended §5
to prohibit laws that could have favored such groups but
did not do so because of a discriminatory purpose, see 42
U. S. C. §1973c(c), even though we had stated that such
broadening of §5 coverage would “exacerbate the substantial federalism costs that the preclearance procedure
already exacts, perhaps to the extent of raising concerns
about §5’s constitutionality,” Bossier II, supra, at 336
(citation and internal quotation marks omitted). In addition, Congress expanded §5 to prohibit any voting law
“that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States,” on
account of race, color, or language minority status, “to
elect their preferred candidates of choice.” §1973c(b). In
light of those two amendments, the bar that covered jurisdictions must clear has been raised even as the conditions