The Civil Rights Act (1957), while seemingly a landmark piece of legislation, was actually a paper tiger that had no ability to protect the right to vote. The act did create the Civil Rights Commission, upgrade the Department of Justice's section on civil rights to a division, and authorize the U.S. attorney general to sue those violating the voting rights of American citizens. But it was—by design and implementation—no match for the entrenched resistance to black citizenship.

The VRA was nevertheless a seismic shift in thought, action, and execution for the U.S. government when compared with the Civil Rights Act of 1957 and its equally enfeebled companion legislation of 1960. Rather than passively waiting for locales to violate the rights of American citizens and then sitting still until those who had been routinely brutalized by this system made a formal complaint, the VRA put the responsibility for adhering to the Constitution onto state and local governments.

[Jeff] Sessions was "someone who thinks that the VRA ought not to have ever been in existence" because, for him, it was an "intrusive piece of legislation." Thus, in a move that flipped the Voting Rights Act on its head, his investigation targeted only counties where African Americans had won office.