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IN the summer of 2006, with hardly a dissenting vote, Congress extended and strengthened the most radical provision of the 1965 Voting Rights Act for a quarter century. That provision--Section 5--was originally supposed to expire in 1970. In 1965, it was considered too constitutionally doubtful to be given a longer life. Forty-four years later, it is still going strong, having been repeatedly extended.
The ink was barely dry on the 2006 amendments when a tiny Texas utility district challenged their constitutionality. Section 5, the district argued in Northwest Austin Municipal Utility District No. 1 v. Holder ("NAMUDNO"), "strikes at the heart of federalism, ...