12
SHELBY COUNTY v. HOLDER
GINSBURG, J., dissenting
catch-22. If the statute was working, there would be less
evidence of discrimination, so opponents might argue that
Congress should not be allowed to renew the statute. In
contrast, if the statute was not working, there would be
plenty of evidence of discrimination, but scant reason to
renew a failed regulatory regime. See Persily 193–194.
This is not to suggest that congressional power in this
area is limitless. It is this Court’s responsibility to ensure
that Congress has used appropriate means. The question
meet for judicial review is whether the chosen means are
“adapted to carry out the objects the amendments have in
view.” Ex parte Virginia, 100 U. S. 339, 346 (1880). The
Court’s role, then, is not to substitute its judgment for that
of Congress, but to determine whether the legislative
record sufficed to show that “Congress could rationally
have determined that [its chosen] provisions were appro
priate methods.” City of Rome, 446 U. S., at 176–177.
In summary, the Constitution vests broad power in
Congress to protect the right to vote, and in particular to
combat racial discrimination in voting. This Court has
repeatedly reaffirmed Congress’ prerogative to use any
rational means in exercise of its power in this area. And
both precedent and logic dictate that the rational-means
test should be easier to satisfy, and the burden on the
statute’s challenger should be higher, when what is at
issue is the reauthorization of a remedy that the Court has
previously affirmed, and that Congress found, from con
temporary evidence, to be working to advance the legisla
ture’s legitimate objective.
III
The 2006 reauthorization of the Voting Rights Act fully
satisfies the standard stated in McCulloch, 4 Wheat., at
421: Congress may choose any means “appropriate” and
“plainly adapted to” a legitimate constitutional end. As we
shall see, it is implausible to suggest otherwise.