I’ve listened to this several times now and it appears to me that Justice Antonin Scalia’s argument has nothing to with the legality of the Voting Rights Act. He seems to be making the argument that the act is a “perpetuation of racial entitlement” out of personal resentment. As if he feels personally slighted by the law’s existence. And he clearly feels as though congress cannot be trusted.
The latter point is debatable, especially on a day like today as our various congresscritters skip town for the weekend as sequestration comes into effect, but Scalia isn’t suggesting congress is incompetent. What he’s suggesting is that congress is unduly influenced by their own constituents. Which, last time I checked, is the whole point of living in a democracy.
He also goes on to make the accusation that some congressional districts are “black by law.”
Justice Scalia is a very ugly man, and I’m not referring to his physical appearance. His contempt drips from every word.(h/t Thomas Soldan)