Breyer's insinuation was that we "know" the covered jurisdictions remain uniquely diseased, or potentially so. Tuesday, Roberts' response was that (in words from a prior court ruling) "the constitutional equality of the states is essential to the harmonious operation of the scheme upon which the Republic was organized."
Section 5 is now a nullity because it lacks force absent a Section 4 formula for identifying covered jurisdictions, and today's Congress will properly refuse to enact another stigmatizing formula. On Tuesday, however, the court paid the VRA the highest possible tribute by saying the act's key provision is no longer constitutional because the act has changed pertinent facts that once made it so.
George Will's email address is firstname.lastname@example.org.