When confronted with the fact that the Senate had reauthorized the Act unanimously in 2006, at a time when Republicans controlled the White House and the Congress, Scalia opined that members of Congress — presumably including neo-Confederates in the Senate — voted for the reauthorization because they were intimidated by political correctness. Therefore, Scalia suggested, it was proper and fitting for right wingers on the Court to over-rule them:
“I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial entitlement,” Scalia said. “Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes … 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.”
The conservative justices seemed to have the votes to strike the provision down.
There were audible gasps in the court when Scalia made this clearly racist statement from the bench. It is breathtaking that Scalia would suggest that voting is an entitlement, not a right, and that a unanimous vote in the Senate — which happen about as frequently as men wear women’s hat at official functions — is a dangerous thing that requires Supreme Court action.
Reacting to Scalia’s ugly comment, Michael Moore spoke for millions when he tweeted, “Memo to Tarantino prop dept: Please send one of those poorly sewn hoods from Django to Justice Scalia. Make sure it matches his robes.”
Just make sure the hood fits over Scalia’s wife’s hat.