Yes, Justice Scalia: Section 5 Is a Racial Entitlement. Even DOJ Says So
Perez then claims that protecting whites with the Voting Rights Act “would be infeasible as a practical matter, noting that ‘many voting changes … will almost always have some racial effect in some direction.’”
This too is false.
There is a way to accomplish the goal of protecting all Americans with the Voting Rights Act, particularly in jurisdictions like Noxubee County, Mississippi, where a federal court has already found that whites were the victim of voting discrimination. Unfortunately, it will have to wait; the next Republican administration needs to implement these already drafted Section 5 regulations to protect all Americans, assuming Section 5 even exists in 2017.
If Perez is right, and Section 5 really is a racial entitlement to be enjoyed only by “people of color,” perhaps it is time for it to go. In a country becoming increasingly racially diverse, where experience shows that vile race discriminators are no longer confined to only “privileged” whites, a law that only protects some Americans will grow obsolete, then go rancid.
Justice Scalia and the Supreme Court should strike down Section 5 while it is merely obsolete. Our country shouldn’t have to endure Perez’s divisive legal theories in a future and more diverse age when they will ripen into an unwelcome rot.