At Bench Memos, Roger Clegg argues that the information recently released by the Census Bureau concerning voter turnout in the 2012 elections provides further evidence that the Voting Rights Act’s preclearance requirement – in many ways the heart and soul of the Act – is unconstitutional and should be struck down by the Supreme Court in Shelby County v. Holder.  Clegg relies heavily on the fact that African American turnout was highest in some of the states covered or partially covered by the Voting Rights Act, including Mississippi and North Carolina, and that some non-covered jurisdictions had lower African American turnout.   Clegg, of course, never even mentions the Constitution, which explicitly gives to Congress the power to enact prophylactic legislation, like the Voting Rights Act, to prevent and deter racial discrimination in voting.  Even on its own terms, Clegg’s argument does not withstand analysis.