Cite as: 570 U. S. ____ (2013)
19
Opinion of the Court
The Government suggests that Katzenbach sanctioned
such an approach, but the analysis in Katzenbach was
quite different. Katzenbach reasoned that the coverage
formula was rational because the “formula . . . was relevant to the problem”: “Tests 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.”
383 U. S., at 329, 330.
Here, by contrast, the Government’s reverseengineering argument does not even attempt to demonstrate the continued relevance of the formula to the problem
it targets. And in the context of a decision as significant
as this one—subjecting a disfavored subset of States
to “extraordinary legislation otherwise unfamiliar to our
federal system,” Northwest Austin, supra, at 211—that
failure to establish even relevance is fatal.
The Government falls back to the argument that because the formula was relevant in 1965, its continued use
is permissible so long as any discrimination remains in the
States Congress identified back then—regardless of how
that discrimination compares to discrimination in States
unburdened by coverage. Brief for Federal Respondent
49–50. This argument does not look to “current political
conditions,” Northwest Austin, supra, at 203, but instead
relies on a comparison between the States in 1965. That
comparison reflected the different histories of the North
and South. It was in the South that slavery was upheld by
law until uprooted by the Civil War, that the reign of Jim
Crow denied African-Americans the most basic freedoms,
and that state and local governments worked tirelessly to
disenfranchise citizens on the basis of race. The Court
invoked that history—rightly so—in sustaining the disparate coverage of the Voting Rights Act in 1966. See
Katzenbach, supra, at 308 (“The constitutional propriety of