I’ve tried to make the case that the very process of bailout established a continuing connection between current conditions and the 2006 formula for section 4. Here, Morgan Kousser presents one of the alternative continuing connections, with detailed data showing the incidence of voting rights actions and the (formerly) covered jurisdictions. And he pulls it all together as only Morgan can:
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Congress did not update the formula because it knows it still works. The comprehensive database that I assembled proves this. Consider, from 1957 through 2006, almost 94 percent of all voting rights minority lawsuits, legal objections and out-of-court settlements occurred in jurisdictions now subject to federal oversight under the Section 4 formula.