§ 5 of the Civil Rights Act Remains in Place

The Supreme Court issued its opinion in Northwest Austin Municipal Utilities District Number One v. Holder today regarding the constitutionality of § 5 of the Voting Rights Act.  The Court, in an opinion authored by the Chief Justice and joined by the remainder of the Court with the exception of Justice Thomas, who concurred in part and dissented in part, held that the district was eligible to seek a “bailout” under § 5.  The Court thus concluded that it did not need to reach the constitutionality of § 5.   Justice Thomas would have reached the constitutional question and struck down § 5.