The U.S. Justice Department will seek a federal court order forcing Texas to resume `` preclearing '' any changes to its voting laws , the first enforcement action by the Obama administration since the Supreme Court tossed out a key provision of the landmark Voting Rights Act . Attorney General Holder made the announcement Thursday in a speech before the Urban League . `` My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found , '' Holder said in Philadelphia . `` Even as Congress considers updates to the Voting Rights Act in light of the court 's ruling , we plan , in the meantime , to fully utilize the law 's remaining sections to ensure that the voting rights of all American citizens are protected . '' A divided 5-4 Supreme Court last month invalidated the formula used to determine which states or local jurisdictions -- mostly in the South -- could remain under special federal oversight , requiring them to get approval from Washington before making any changes in voting procedures . Conservatives fume when Holder talks race and law . That blunts much of the federal government 's enforcement power in states and localities with a history of discrimination at the polls . The ruling does not change the fact it remains illegal to discriminate against a person when it comes to voting . But it does change how some governments have been singled out . Holder said the Obama administration will use a different section of the Voting Rights Act that allows federal authorities to ask a judge to order a state to be put under the preclearance regime . To do so the Justice Department must prove `` purposeful '' discrimination . Texas will be test case of the tactic . The state is the subject of two ongoing court fights over its voter identification law and the voting boundaries created by the legislature . Texas Attorney General Greg Abbott had indicated after the high court ruling that both the state voter identification law and its redistricting maps would go into effect immediately . Republican Gov . Rick Perry criticized Holder 's remarks and defended the Texas `` voter integrity '' laws . `` Once again , the Obama administration is demonstrating utter contempt for our country 's system of checks and balances , not to mention the U.S. Constitution , '' Perry said in a prepared statement . `` This end-run around the Supreme Court undermines the will of the people of Texas , and casts unfair aspersions on our state 's common-sense efforts to preserve the integrity of our elections process . '' Sen. John Cornyn , R-Texas , was also defiant . `` Texans should not -- and will not -- stand for the continued bullying of our state by the Obama administration , '' he said in a news release Thursday . Lawmakers in Congress have begun considering proposals to update the Voting Rights Act to ensure continued federal oversight . Holder said that while his department could act unilaterally , updating current laws is the real key . `` It is the duty of today 's Justice Department to continue monitoring jurisdictions around the country for changes that may hamper these voting rights -- to keep taking appropriately aggressive action against any jurisdiction that attempts to hinder free and fair access to the franchise , '' he said . `` And to keep refining and refocusing current enforcement efforts while we work with Congress to craft stronger tools for protecting voting rights . '' Holder called the high court ruling `` deeply disappointing and flawed . '' Under the section of the Voting Rights Act invalidated by the high court , any changes in voting laws and procedures in all or parts of 15 covered states -- including Texas -- were subject to federal oversight . That meant the Justice Department or a federal court had to sign off on all aspects , including something as simple as moving a polling place temporarily across the street . The provision was reauthorized by Congress in 2006 for another 25 years . Officials in Shelby County , Alabama , subsequently filed suit , saying the monitoring was overly burdensome and unwarranted . Chief Justice John Roberts , in his majority opinion , for the Supreme Court , said the decades-old formula still being used had `` no logical relation to the present day . '' `` While any racial discrimination in voting is too much , Congress must ensure that the legislation it passes to remedy the problem speaks to the current conditions , '' he said . President Obama had characterized the ruling as a `` setback , '' even as he vowed his `` administration will continue to do everything in its power to ensure a fair and equal voting process . '' Texas will not be the first state the Justice Department has sought to `` bail in '' under a different enforcement regime from the Voting Rights Act , which would still be allowed in the wake of the high court decision . Parts of New Mexico and Arkansas also were subject to that special federal oversight , but the provision requires the Justice Department to establish a new , comprehensive record of alleged `` intentional '' discrimination . That means the burden of proof would initially be on Washington to show a state like Texas deserves continued special scrutiny . If that oversight is granted , the burden of proof would then shift to the state , when justifying any future changes in its voting laws .
Gov . Perry : This `` undermines the will of the people of Texas '' The Justice Department wants to restore `` preclearance '' provisions . Attorney General Holder : We 'll `` use every tool at our disposal to stand against discrimination '' The Supreme Court tossed out the old rule ; Holder will try another tactic .