20
SHELBY COUNTY v. HOLDER
Opinion of the Court
the Voting Rights Act of 1965 must be judged with reference to the historical experience which it reflects.”).
But history did not end in 1965. By the time the Act
was reauthorized in 2006, there had been 40 more years of
it. In assessing the “current need[ ]” for a preclearance
system that treats States differently from one another
today, that history cannot be ignored. During that time,
largely because of the Voting Rights Act, voting tests were
abolished, disparities in voter registration and turnout
due to race were erased, and African-Americans attained
political office in record numbers. And yet the coverage
formula that Congress reauthorized in 2006 ignores these
developments, keeping the focus on decades-old data relevant to decades-old problems, rather than current data
reflecting current needs.
The Fifteenth Amendment commands that the right to
vote shall not be denied or abridged on account of race or
color, and it gives Congress the power to enforce that
command. The Amendment is not designed to punish for
the past; its purpose is to ensure a better future. See Rice
v. Cayetano, 528 U. S. 495, 512 (2000) (“Consistent with
the design of the Constitution, the [Fifteenth] Amendment
is cast in fundamental terms, terms transcending the
particular controversy which was the immediate impetus
for its enactment.”). To serve that purpose, Congress—if it
is to divide the States—must identify those jurisdictions to
be singled out on a basis that makes sense in light of
current conditions. It cannot rely simply on the past. We
made that clear in Northwest Austin, and we make it clear
again today.
C
In defending the coverage formula, the Government, the
intervenors, and the dissent also rely heavily on data from
the record that they claim justify disparate coverage.
Congress compiled thousands of pages of evidence before