Scalia: The Voting Rights Act Is A ‘Racial Entitlement’

Photo Credit: GettyConservative Supreme Court justices expressed skepticism about the constitutionality of the Voting Rights Act of 1965 during oral arguments today, signaling that a key provision of the landmark civil rights legislation might be struck down.

Justice Antonin Scalia sparked controversy when he referred to Section 5 of the law as “the perpetuation of a racial entitlement,” sparking immediate backlash from the left.

Section 5 requires states with a “history of racial discrimination” to have any changes to their voting laws approved by the Justice Department’s civil rights division or Washington, D.C.’s federal court.

Scalia explained that he was not convinced the law was legitimate simply because Congress had voted to reauthorize it five times, most recently in 2006 by a 99-0 Senate vote and similarly overwhelming House vote. He said that the “normal political process” couldn’t be applied to this situation and questioned Congress’ political motives for reauthorization.

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