Racial Entitlement

Justice Antonin Scalia

Justice Antonin Scalia

A suggestion by Supreme Court Justice Antonin Scalia that a key 1960s-era voting rights law aimed at ending Jim Crow-era voter discrimination against blacks perpetuates “racial entitlement” has drawn outrage from civil rights leaders and others.

Justice Antonin Scalia suggested Congress voted to reauthorize the law because they had nothing to gain politically by opposing it. He then suggested that preclearance represented a “perpetuation of racial entitlement” and that the Supreme Court has a duty to stop an ineffective or harmful law that Congress is unwilling to kill.

“Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes,” he said.

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