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View Diary: Antonin Scalia shows once again what a vile creature he is (169 comments)

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  •  Here's why the law will be overturned... (7+ / 0-)

    The Supreme Court is going to hold its hat on the fact that Congress relied on "old" election practices in the affected jurisdictions to renew the law. Assuming that's even relevant, the pervasiveness of the discrimination from 35 years ago was institutional. It takes substantially longer than 35 years to weed out institutional rot (for example, without the law, 100 years after slavery ended, blacks were still second-class citizens despite other attempts to end Jim Crow). But that of course won't matter to the conservative justices.

    •  That is Justice Kennedy's argument, I think (3+ / 0-)
      Recommended by:
      MPociask, gardnerhill, Calamity Jean

      Kennedy will focus on the 2006 renewal of the VRA, and argue that in 2006 (as opposed to 1966) it was an error for congress to single out nine states (and parts of others) for additional VRA scrutiny.

      He might say that congress is free to authorize enforcement of the VRA equally in all states if they want to pass a new law, but that would be a hollow statement given that there is no chance of any such law passing in the current congress.

      My guess is that Chief Justice Roberts has the same view or a very similar view.

      Please help to fight hunger with a donation to Feeding America.

      by MJB on Wed Feb 27, 2013 at 01:59:01 PM PST

      [ Parent ]

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