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• The advance approval, or preclearance requirement, was adopted in the Voting Rights Act in 1965 to give federal officials a potent tool to defeat persistent efforts to keep blacks from voting.
• The provision was a huge success, and Congress periodically has renewed it over the years. The most recent occasion was in 2006, when a Republican-led Congress overwhelmingly approved and President George W. Bush signed a 25-year extension.
• The requirement currently applies to the states of Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia. It also covers certain counties in California, Florida, New York, North Carolina and South Dakota, and some local jurisdictions in Michigan and New Hampshire. Coverage has been triggered by past discrimination not only against blacks, but also against American Indians, Asian-Americans, Alaskan Natives and Hispanics.
• Before these locations can change their voting rules, they must get approval either from the U.S. Justice Department's civil rights division or from the federal district court in Washington that the new rules won't discriminate.
• Congress compiled a 15,000-page record and documented hundreds of instances of apparent voting discrimination in the states covered by the law dating to 1982, the last time it had been extended.
• Among the incidents in the congressional record:
• --In 1998, Webster County, Ga., tried to reduce the black population in several school board districts after citizens elected a majority-black school board for the first time.
• --In 2001, Kilmichael, Miss., canceled an election when a large number of African-American candidates sought local office following 2000 census results that showed blacks had become the majority in the city.
• --In 2004, Waller County, Texas, sought to limit early voting near a historically black college and threatened to prosecute students for illegal voting after two black students said they would run for office.
• But in 2009, Roberts indicated the court was troubled about the ongoing need for a law in the face of dramatically improved conditions, including increased minority voter registration and turnout rates. Roberts attributed part of the change to the law itself. "Past success alone, however, is not adequate justification to retain the preclearance requirements," he said.
• He also raised concern that the formula by which states are covered relies on data that is now 40 years old. By some measures, states covered by the law were outperforming some that were not.

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