Cite as: 570 U. S. ____ (2013)
13
Opinion of the Court
permissibly decisive manner.” Id., at 334, 335. We also
noted then and have emphasized since that this extraordinary legislation was intended to be temporary, set to
expire after five years. Id., at 333; Northwest Austin,
supra, at 199.
At the time, the coverage formula—the means of linking
the exercise of the unprecedented authority with the
problem that warranted it—made sense. We found that
“Congress chose to limit its attention to the geographic
areas where immediate action seemed necessary.” Katzenbach, 383 U. S., at 328. The areas where Congress
found “evidence of actual voting discrimination” 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. We 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. We therefore concluded that “the coverage
formula [was] rational in both practice and theory.” Ibid.
It accurately reflected those jurisdictions uniquely characterized by voting discrimination “on a pervasive scale,”
linking coverage to the devices used to effectuate discrimination and to the resulting disenfranchisement. Id., at
308. The formula ensured that the “stringent remedies
[were] aimed at areas where voting discrimination ha[d]
been most flagrant.” Id., at 315.
C
Nearly 50 years later, things have changed dramatically. Shelby County contends that the preclearance requirement, even without regard to its disparate coverage,
is now unconstitutional. Its arguments have a good deal
of force. In the covered jurisdictions, “[v]oter turnout and