Scalia thinks protection of the right to vote is a “perpetuation of racial entitlement,” at least he does when the right being protected is the one being protected by the Voting Rights Act.
There were audible gasps in the Supreme Court’s lawyers’ lounge, where audio of the oral argument is pumped in for members of the Supreme Court bar, when Justice Antonin Scalia offered his assessment of a key provision of the Voting Rights Act. He called it a “perpetuation of racial entitlement.”
Yeah we don’t want that. We want more rugged independence and pulling self up by own bootstraps around here, not this pesky Nanny State coddling of people by making it illegal to keep them from voting. Why if this goes on pretty soon voters of That Other Color will become downright Professional Victims. It’s got to stop. Having to overcome obstacles in order to vote builds character. It was dangerous and sometimes fatal for black people to register to vote in Mississippi in 1964, so why should black people in Mississippi have it easy now? It was difficult for them then so it should be difficult for their grandchildren now, because.
From the transcript:
JUSTICE SCALIA: Well, maybe it was making that judgment, Mr. Verrilli. But that’s — that’s a problem that I have. This Court doesn’t like to get involved in — in racial questions such as this one. It’s something that can be left — left to Congress.
The problem here, however, is suggested by the comment I made earlier, that the initial enactment of this legislation in a — in a time when the need for it was so much more abundantly clear was — in the Senate, there — it was double-digits against it. And that was only a 5-year term.
Then, it is reenacted 5 years later, again for a 5-year term. Double-digits against it in the Senate. Then it was reenacted for 7 years. Single digits against it. Then enacted for 25 years, 8 Senate votes against it. 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.
Racial entitlements. Like public schools, and admission to law school, and being able to vote. Those Other Races are being spoiled! Scalia never got any special help to vote, so why should anyone have it? Buncha princesses.
