8
SHELBY COUNTY v. HOLDER
GINSBURG, J., dissenting
constructed to prevent minority voters from fully partici
pating in the electoral process” continued to exist, as well
as racially polarized voting in the covered jurisdictions,
which increased the political vulnerability of racial and
language minorities in those jurisdictions. §§2(b)(2)–(3),
120 Stat. 577. Extensive “[e]vidence of continued discrim
ination,” Congress concluded, “clearly show[ed] the con
tinued need for Federal oversight” in covered jurisdictions.
§§2(b)(4)–(5), id., at 577–578. The overall record demon
strated to the federal lawmakers that, “without the con
tinuation of the Voting Rights Act of 1965 protections,
racial and language minority citizens will be deprived of
the opportunity to exercise their right to vote, or will have
their votes diluted, undermining the significant gains
made by minorities in the last 40 years.” §2(b)(9), id., at
578.
Based on these findings, Congress reauthorized pre
clearance for another 25 years, while also undertaking to
reconsider the extension after 15 years to ensure that the
provision was still necessary and effective. 42 U. S. C.
§1973b(a)(7), (8) (2006 ed., Supp. V). The question before
the Court is whether Congress had the authority under
the Constitution to act as it did.
II
In answering this question, the Court does not write on
a clean slate. It is well established that Congress’ judg
ment regarding exercise of its power to enforce the Four
teenth and Fifteenth Amendments warrants substantial
deference. The VRA addresses the combination of race
discrimination and the right to vote, which is “preserva
tive of all rights.” Yick Wo v. Hopkins, 118 U. S. 356, 370
(1886). When confronting the most constitutionally invid
ious form of discrimination, and the most fundamental
right in our democratic system, Congress’ power to act is
at its height.