Cite as: 539 U. S. 461 (2003)
Souter, J., dissenting
inertia from the perpetrators of the evil to its victim," Beer, 425 U. S., at 140 (internal quotation marks omitted) (quoting H. R. Rep. No. 94-196, pp. 57-58 (1970)), and the State of Georgia was made subject to the requirement of preclearance because Congress "had reason to suppose" it might "try . . . to evade the remedies for voting discrimination" and thus justifies § 5's "uncommon exercise of congressional power." South Carolina v. Katzenbach, 383 U. S., at 334-335. Section 5 can only be addressed, and the burden to prove no retrogression can only be carried, with evidence of how particular populations of voters will probably act in the circumstances in which they live. The State has the burden to convince on the basis of such evidence. The District Court considered such evidence: it received testimony, decided what it was worth, and concluded as the trier of fact that the State had failed to carry its burden. There was no error, and I respectfully dissent.
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