Thursday, February 28, 2013

Justice Scalia Describes voting as "Perpetuating a Racial Entitlement"

Justice Scalia likes to shock.  I mean it gives him a little stiffy, no doubt, to make people gasp.  I mean the self-satisfied grin on his face is just so priceless.  It looks like a 2 year old that just made boom-boom in the hallway because mom said "No more cookies."
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His latest boom-boom on the rug concerns the Voting Rights Act.  It was enacted to allow all citizens to vote.
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For decades, certain states and parts of other states had made it almost impossible for minorities (at the time, African-Americans) to vote.  Predictably these were mainly southern slave states, where the 15th amendment (the right to vote) and the 13th amendment (to end slavery) were not popular ones.  Side note, Mississippi only officially approved the 13th amendment this year (February 7th, 2013) - although they have had to abide by it for a long time (what's 147 years between friends).
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These states or districts had various methods to deny access to voters; poll-taxes, or pop up literacy tests, or impossible to prove residency requirements that were applied only to blacks.  Other methods (and one recently used) were to systematically gerrymander voting districts so that minorities were denied a voice, even when they made up a significant percentage of the residents.
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This last problem (drawing districts to deny minority representation) happened just last year in Texas in order to disenfranchise hispanic voters.  (Gerrymandering is legal to draw boundaries to favor a political party, but is not legal to favor a racial bloc.)  It was blocked in court by the Voting Rights Act procedures.
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Originally, the Voting Rights Act was passed to address this in the 1960s.  It has worked pretty well and was up for renewal in 2006.  Congress did a study of the effects of the Voting Rights Act, to ensure it was still needed and if it should be renewed (it does have an end-date associated with it).   Since the vastly disproportionate problems with minority voting rights were still occurring in the same geographic areas (example: Texas), the Voting Rights Act was renewed in 2006 98 -0 in the Senate and 390 - 33 in the House of Representatives and signed by Republican George W. Bush.
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But the law is no fun for Justice Scalia when it comes to his playpen.  So this Supreme Court reached down to a District level decision in Alabama.  One that was in line with all previous Supreme Court decisions and decided to "review" the decision.  In discussing the case two days ago, Justice Scalia said, "... isn't this perpetuating a racial entitlement?"  A Supreme Court Justice called the right to vote - guaranteed by our Constitution - a "racial entitlement".  Apparently after leaving that turd in the punchbowl to audible gasps, he sat back, self-satisfied and amused with his razor sharp wit and legal mind.