Feb 28, 2013

Scalia shows his true colors

Scalia - (Reuters/Brendan Mcdermid/Salon/Benjamin Wheelock)

Update: There is a new Scalia Doctrine: Now, jurists should consider the "legal realist" school of jurisprudence but with a new variation. No longer is the intent of the legislators and language of the statute paramount. Now, Scalia can divine what legislators really wanted to do no matter that the 2006 Voting Rights Act reauthorization was passed 98-0 in the U.S. Senate and 390-to-33 in the House. Call it Scalia's "Really wanted" doctrine, a method he employs because he knows how legislators really wanted to vote but could not because, in part, legislation has appealing sounding names like the "Voting Rights Act".

Said Scalia the incoherent in orals: "And this last enactment, not a single vote in the Senate against it. And the House is pretty much the same. Now, I don’t think that’s attributable to the fact that it is so much clearer now that we need this. I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial entitlement. It’s been written about. Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes." ...

"I don’t think there is anything to be gained by any Senator to vote against continuation of this act. And I am fairly confident it will be reenacted in perpetuity unless — unless a court can say it does not comport with the Constitution. You have to show, when you are treating different States differently, that there’s a good reason for it.That’s the — that’s the concern that those of us who — who have some questions about this statute have. It’s — it’s a concern that this is not the kind of a question you can leave to Congress. There are certain districts in the House that are black districts by law just about now. And even the Virginia Senators, they have no interest in voting against this. The State government is not their government, and they are going to lose — they are going to lose votes if they do not reenact the Voting Rights Act. Even the name of it is wonderful: The Voting Rights Act. Who is going to vote against that in the future?"
Antonin Scalia is no brilliant jurist hard at work on deep questions of constitutional law.

Oral arguments in Shelby County v. Holder have shown him to be—if a reader needs convincing—a bigoted ass toying with the lives and civil rights of millions.

As Joan Walsh writes in her piece, The Supreme Court justice treats voting rights as a goody given away by pandering politicians:

Four slow-moving ambulances brought up the rear as student leader John Lewis led 600 peaceful protesters dressed for church on the voting rights march that would become known as Selma’s Bloody Sunday, on March 7, 1965. They stayed peaceful; law enforcement officials didn’t. Trampled by police horses, choked by tear gas, beaten with billy clubs – Lewis had his skull fractured – the marchers would need more medical help than the four cars could provide. The ugly melee made national news that night: ABC broke into its presentation of “Judgment at Nuremberg” with footage of the violence, and viewers couldn’t be entirely sure where Nazi atrocities ended and their own country’s began.

Now, not far from Selma, Shelby County, Ala., is trying to take the teeth out of the Voting Rights Act that Lyndon B. Johnson hustled through Congress after Bloody Sunday. Even though the act was reauthorized by a Republican-dominated Congress in 2006 on a 98-0 vote in the Senate (it was 390-33 in the House), and signed by President Bush, and even though its constitutionality has been upheld by the Supreme Court four times, there is evidence that the current right-wing court majority would like to overturn at least part of it. Court conservatives once represented a reaction against the court’s supposed overreach into realms best left to Congress, and its willingness to ignore earlier court decisions. Now they seem set to say Congress has no business here, and that their Supreme Court predecessors who upheld the act were either mistaken or the blinkered creatures of their idiosyncratic eras.

Unbelievably, Antonin Scalia derided the act as a “racial entitlement,” prompting gasps from the crowd gathered to hear the arguments Wednesday. (As Rachel Maddow noted, Scalia seems to live for those gasps.) And he blamed Congress for pandering for votes by keeping that “racial entitlement” alive. The cynical Scalia sounded like Mitt Romney blaming his loss on President Obama delivering “gifts” to his coalition.

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