> The problem was that the formula for deciding who required preclearance is a static rule that does not allow for the evaluation of any events after 1972. Therefore, regardless of how much a state or other jurisdiction changes, they could not change their status under this law. If they were originally on the preclearance list, never had another voting anomaly, elected minorities to every position in the state, and had 100% minority turnout, for decades on end, they would remain on the preclearance list, because of what happened 40 years ago.

That's simply not true. You can seek exemption from section 5. It's called "bailing out". A county or state on the preclearance list that has not been discriminatory for 10 years (see [1] for criteria) may sue to be exempt from Section 5. Many counties have done this successfully; the state of New Hampshire successfully bailed out as recently as this March.

States or counties that were found to be discriminatory could also be "bailed in." Arkansas and New Mexico, LA County in California, as well as several other counties were bailed in.

In other words, the Voting Rights Act was built with a mechanism to self-destruct when it was no longer necessary. Congress overwhelmingly approved an extension of the VRA in 2006 after extensive research and testimony. If a state or county was still covered in 2013, then it had a problem with discrimination within the past ten years, which is the minority thought the opinion that "things have changed" was foolish.

http://www.justice.gov/crt/about/vot/misc/sec_4.php