This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Northwest Austin Municipal Utility District (Appellant), according to Northwest Austin Municipal Utility District (Appellant), the appellant argues that after more than 20 years of steadfast compliance with the Voting Rights Act, the district should be free from the intrusive burdens of preclearance and qualifies as a political subdivision eligible for a bailout.
The appellant points to data showing that, with respect to both Black and Hispanic voters, the record in covered jurisdictions is above the national average.
The appellant also notes that in Massachusetts the white‑Black voter registration and turnout differential is in the high‑20s, far exceeding any covered jurisdiction.
According to Mr. Coleman, using modern data, the appellant argues that no state would be covered under the bailout formula, making the criteria outdated.
According to Mr. Katyal, the appellant contends that Section 5 is working well and provides a deterrent against discriminatory voting practices.
According to Mr. Katyal, after 16,000 pages of testimony and 21 hearings, Congress concluded that its work on the issue was not finished.
According to Gregory S. Coleman, the appellant argues that the facial challenge to the bailout provision is unconstitutional because Congress relied on outdated coverage criteria from the 1960s‑1970s without updating them.
- [1] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 3
- [2] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 20
- [3] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 21
- [4] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 23
- [5] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 28
- [6] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 27
- [7] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 63
- [8] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 64
Background and question before the Court
Justice Ginsburg asked whether the district qualifies as a “governmental unit” or “political subdivision” eligible for a bailout under Section 5.
Justice Scalia asked how many bailouts have been granted and whether all of them occurred in Virginia.
What each side argues
Appellant – Northwest Austin Municipal Utility District Number One
According to Northwest Austin Municipal Utility District (Appellant), according to Northwest Austin Municipal Utility District (Appellant), the district has complied with the Voting Rights Act for more than 20 years and should be freed from preclearance burdens.
According to Mr. Coleman, using modern data, no state would meet the bailout coverage criteria, showing the formula is outdated.
According to Mr. Katyal, section 5 is working well and provides a deterrent against discriminatory voting practices.
According to Mr. Katyal, after extensive testimony, Congress concluded its work on the issue was not finished.
According to Gregory S. Coleman, the facial challenge to the bailout provision is unconstitutional because Congress relied on outdated coverage criteria from the 1960s‑1970s.
According to Gregory S. Coleman, Congress ignored constitutional concerns raised by the Court in earlier voting‑rights cases.
- [1] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 3
- [2] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 23
- [3] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 28
- [4] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 27
- [5] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 63
- [6] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 64
- [7] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 64
Appellee – Attorney General
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Ginsburg asked why Congress created a third category (“governmental unit”) if the district already fits within “political subdivision.”
According to Justice Alito, justice Alito questioned an “odd aspect” of the bailout provision.
Justice Scalia asked how many bailouts have been granted and whether all of them occurred in Virginia.
According to Justice Scalia, justice Scalia inquired about the requirements for Travis County to obtain a bailout, noting it would have to demonstrate no violations by 106 covered political subdivisions.
Justice Breyer asked how long it took Congress to compile the 13,000‑page record.
Chief Justice Roberts announced that the case was submitted.
- [1] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 4
- [2] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 42
- [3] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 37
- [4] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 46
- [5] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 58
- [6] ac595d0d2dc394fd3518-r1-7d911784d986303b.pdf, p. 65
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- ac595d0d2dc394fd3518-r1-7d911784d986303b.pdforal argument transcript
Guide generated September 23, 2026. Automated validation accepted this version.