8
SHELBY COUNTY v. HOLDER
Opinion of the Court
gress’s conclusion that §2 litigation remained inadequate
in the covered jurisdictions to protect the rights of minority voters, and that §5 was therefore still necessary. Id.,
at 873.
Turning to §4, the D. C. Circuit noted that the evidence
for singling out the covered jurisdictions was “less robust”
and that the issue presented “a close question.” Id., at
879. But the court looked to data comparing the number
of successful §2 suits in the different parts of the country.
Coupling that evidence with the deterrent effect of §5, the
court concluded that the statute continued “to single out
the jurisdictions in which discrimination is concentrated,”
and thus held that the coverage formula passed constitutional muster. Id., at 883.
Judge Williams dissented. He found “no positive correlation between inclusion in §4(b)’s coverage formula and
low black registration or turnout.” Id., at 891. Rather,
to the extent there was any correlation, it actually went
the other way: “condemnation under §4(b) is a marker of
higher black registration and turnout.” Ibid. (emphasis
added). Judge Williams also found that “[c]overed jurisdictions have far more black officeholders as a proportion
of the black population than do uncovered ones.” Id., at
892. As to the evidence of successful §2 suits, Judge Williams disaggregated the reported cases by State, and
concluded that “[t]he five worst uncovered jurisdictions . . .
have worse records than eight of the covered jurisdictions.” Id., at 897. He also noted that two covered jurisdictions—Arizona and Alaska—had not had any successful
reported §2 suit brought against them during the entire 24
years covered by the data. Ibid. Judge Williams would
have held the coverage formula of §4(b) “irrational” and
unconstitutional. Id., at 885.
We granted certiorari. 568 U. S. ___ (2012).