We're trying to build a record. We are anticipating a challenge to what Congress might do.

The opinion of the court of appeals invalidating Ohio's discriminatory voting technology is exceptionally well-written and scholarly. It is a monument to the concept -- fundamental to American democracy -- of the equal right to vote.

The court took a standard that was intelligible, easy to apply and turned it into something that is subjective, abstract and impressionistic.

Without these protections, it is likely that many of the advances of the past few decades would be wiped out by new barriers to voting.