Rescuing Retrogression

Abstract

The thesis of this Article is a simple one-that the section 5 retro- gression test should be "rescued" by importing it into the section 2 results framework. More specifically, proof that a newly adopted voting law will retrogress minority voting strength should create a strong presumption that the newly adopted voting law violates the section 2 results test. Part II of this Article will explicate more fully what the demise of section 5 has wrought and why the retrogression test is one of the most important things that has disappeared. Part III of this Article will provide details on how the retrogression test could be imported into section 2 and defends that importation from a doctrinal and theoretical perspective.