Cite as: 570 U. S. ____ (2013)
11
Opinion of the Court
States is essential to the harmonious operation of the
scheme upon which the Republic was organized.” Id., at
580. Coyle concerned the admission of new States, and
Katzenbach rejected the notion that the principle operated
as a bar on differential treatment outside that context.
383 U. S., at 328–329. At the same time, as we made clear
in Northwest Austin, the fundamental principle of equal
sovereignty remains highly pertinent in assessing subsequent disparate treatment of States. 557 U. S., at 203.
The Voting Rights Act sharply departs from these basic
principles. It suspends “all changes to state election law—
however innocuous—until they have been precleared
by federal authorities in Washington, D. C.” Id., at 202.
States must beseech the Federal Government for permission to implement laws that they would otherwise have
the right to enact and execute on their own, subject of
course to any injunction in a §2 action. The Attorney
General has 60 days to object to a preclearance request,
longer if he requests more information. See 28 CFR
§§51.9, 51.37. If a State seeks preclearance from a threejudge court, the process can take years.
And despite the tradition of equal sovereignty, the Act
applies to only nine States (and several additional counties). While one State waits months or years and expends
funds to implement a validly enacted law, its neighbor
can typically put the same law into effect immediately,
through the normal legislative process. Even if a noncovered jurisdiction is sued, there are important differences
between those proceedings and preclearance proceedings;
the preclearance proceeding “not only switches the burden
of proof to the supplicant jurisdiction, but also applies
substantive standards quite different from those governing the rest of the nation.” 679 F. 3d, at 884 (Williams, J.,
dissenting) (case below).
All this explains why, when we first upheld the Act in
1966, we described it as “stringent” and “potent.” Katzen-