Nix v. Holder

(1) Whether the 2006 version of Section 5 of the Voting Rights Act of 1965 exceeds Congress" enforcement powers under the Fourteenth and Fifteenth Amendments given that: (a) Congress retained a three-decade-old formula for selecting the jurisdictions that will be covered by the preclearance procedure; and (b) Congress significantly expanded the substantive standard for denying preclearance by abrogating two of the Court"s decisions that had narrowly construed it; (2) whether the Justice Department mooted petitioners" appeal when it unilaterally purported to "reconsider" and "withdraw" the particular preclearance objection that was injuring petitioners, but failed to demonstrate that Section 5 could not reasonably be expected to injure petitioners in the future.