Myrna Perez [Counsel, Democracy Program, Brennan Center for Justice]: "In what is arguably the most important voting rights case this year, a three-judge federal court in Washington, D.C. upheld a key provision of the Voting Rights Act that prevents states and local governments from enacting discriminatory voting practices. The provision at issue is Section 5, which applies to states and localities with a history of racially discriminatory voting practices. Entities covered by Section 5 are prohibited from changing their election laws unless the Attorney General or a three-judge federal court has "pre-cleared" or approved the change. Section 5 has been a cornerstone of the Voting Rights Act since it was originally passed in 1965 and has been repeatedly extended, most recently, in 2006 for 25 years.

Plaintiff in the case, an Austin water utility district in Travis County, Texas, sought a statutory exemption from Section 5 and ultimately challenged the constitutionality of Section 5, claiming that it exceeded congressional authority and improperly intruded into state sovereignty. The court first concluded that the utility district did not qualify for any exemption and then determined that the voluminous legislative record documenting recent racial discrimination in elections provided Congress with the rational basis it needed to enact Section 5 in order to enforce the Fifteenth Amendment. The court also concluded that Section 5 was constitutional pursuant to congressional authority to enforce the Fourteenth Amendment.

Legislative and early judicial history shows that under the original understanding of the Fifteenth Amendment, Congress was understood to have broad enforcement powers to protect the right to vote. Though the Supreme Court has cut back on Congress's powers to protect certain civil and individual rights under the U.S. Constitution (by striking down all or portions of key federal laws, like the Americans with Disabilities Act), courts have recognized Congress's authority to prevent and remedy racial discrimination in voting since Reconstruction. This decision confirms that Congress, under both the Fifteenth Amendment and the Fourteenth Amendment, has the power to protect the franchise against discriminatory election practices.

Throughout recent history, the Voting Rights Act has been essential in preserving the voting rights of minorities and deterring states and local government from taking actions to disenfranchise people of color. The court's ruling is a victory for civil rights because it means Section 5 will continue to be an effective and available tool for promoting a more expansive and inclusive democracy."