Cite as: 525 U. S. 266 (1999)
Thomas, J., dissenting
dened with preclearance obligations had actually engaged in such intentional discrimination. In Katzenbach, we recognized that Congress had "evidence of actual voting discrimination" in some jurisdictions. 383 U. S., at 330. In each of those jurisdictions, two characteristics were present—depressed voter turnout and the use of a test or device. We concluded that it was permissible for Congress to impose § 5 preclearance requirements on the States and political subdivisions for which Congress had "more fragmentary evidence" of voting discrimination, id., at 329-330, where those two conditions (incorporated into the Act's coverage formula) could be found to exist, "at least in the absence of proof that [such jurisdictions] have been free of substantial voting discrimination in recent years," id., at 330. We also thought it quite important that "the Act provide[d] for termination of special statutory coverage at the behest of States and political subdivisions in which the danger of substantial voting discrimination ha[d] not materialized during the preceding five years." Id., at 331. In City of Rome, we rejected the city's argument that, because it had not employed any discriminatory practices over the relevant period, § 5 was unconstitutional as applied. We thought that "because electoral changes by jurisdictions with a demonstrable history of intentional racial discrimination in voting create the risk of purposeful discrimination, it was proper [for Congress] to prohibit changes that have a discriminatory impact." 446 U. S., at 177 (emphasis added; footnote omitted).
The majority "find[s] no merit in the claim that Congress lacks Fifteenth Amendment authority to require federal approval before the implementation of a state law that may have [a discriminatory] effect in a covered county." Ante, at 283-284. In my view, it overlooks our warning in City of Boerne that "[t]he appropriateness of remedial measures must be considered in light of the evil presented." 521 U. S., at 530; see also City of Rome, supra, at 211-219 (Rehnquist, J., dissenting). There has been no legislative finding
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