Cite as: 570 U. S. ____ (2013)
3
Syllabus
cial discrimination in voting” that had “infected the electoral process
in parts of our country for nearly a century,” Katzenbach, 383 U. S.,
at 308. At the time, the coverage formula—the means of linking the
exercise of the unprecedented authority with the problem that warranted it—made sense. The Act was limited to areas where Congress
found “evidence of actual voting discrimination,” and the covered jurisdictions shared two characteristics: “the use of tests and devices
for voter registration, and a voting rate in the 1964 presidential election at least 12 points below the national average.” Id., at 330. The
Court explained that “[t]ests and devices are relevant to voting discrimination because of their long history as a tool for perpetrating
the evil; a low voting rate is pertinent for the obvious reason that
widespread disenfranchisement must inevitably affect the number of
actual voters.” Ibid. The Court therefore concluded that “the coverage formula [was] rational in both practice and theory.” Ibid.
Pp. 12–13.
(3) Nearly 50 years later, things have changed dramatically.
Largely because of the Voting Rights Act, “[v]oter turnout and registration rates” in covered jurisdictions “now approach parity. Blatantly discriminatory evasions of federal decrees are rare. And minority
candidates hold office at unprecedented levels.” Northwest Austin,
supra, at 202. The tests and devices that blocked ballot access have
been forbidden nationwide for over 40 years. Yet the Act has not
eased §5’s restrictions or narrowed the scope of §4’s coverage formula
along the way. Instead those extraordinary and unprecedented features have been reauthorized as if nothing has changed, and they
have grown even stronger. Because §5 applies only to those jurisdictions singled out by §4, the Court turns to consider that provision.
Pp. 13–17.
(b) Section 4’s formula is unconstitutional in light of current conditions. Pp. 17–25.
(1) In 1966, the coverage formula was “rational in both practice
and theory.” Katzenbach, supra, at 330. It looked to cause (discriminatory tests) and effect (low voter registration and turnout), and tailored the remedy (preclearance) to those jurisdictions exhibiting both.
By 2009, however, the “coverage formula raise[d] serious constitutional questions.” Northwest Austin, supra, at 204. Coverage today
is based on decades-old data and eradicated practices. The formula
captures States by reference to literacy tests and low voter registration and turnout in the 1960s and early 1970s. But such tests have
been banned for over 40 years. And voter registration and turnout
numbers in covered States have risen dramatically. In 1965, the
States could be divided into those with a recent history of voting tests
and low voter registration and turnout and those without those char-