That could be an issue in some disputes over at-large voting districts. The Justice Department denied some proposals where the population of an entire county or city would elect all representatives of a governing body, potentially diluting the influence of a minority that would otherwise be able to influence outcomes within single districts.
The case does not affect the act's Section 2 prohibition against voter discrimination based on race, color or other minority status. Still, the burden shifts to a citizen who must prove discrimination, whereas the preclearance process required state and local governments to prove in advance that a policy wouldn't harm minority voters. Also untouched is Section 3, which allows the government to require preclearance based on more recent discrimination. The Justice Department has used that provision to extend oversight in Arkansas and New Mexico.
Georgia Secretary of State Brian Kemp, a Republican who supports the court's finding, said Section 2 gives citizens a legal recourse, while Section 3 gives the government a tool to police wayward local officials. He noted that Holder used Section 2 to go after Pennsylvania's voter ID law in a state not covered by preclearance.
"Look," he said, "this is already happening in other states and nobody is screaming and hollering about it."