Republi-CON Judcial Activism Hypocrisy

 “THIS IS NOT the kind of a question you can leave to Congress,” Justice Antonin Scalia pronounced during a Supreme Court argument Wednesday.

The subject was the Voting Rights Act, one of the most successful pieces of civil rights legislation in U.S. history, and in particular its Section 5. That provision requires nine states and assorted jurisdictions in seven others to win Justice Department approval before changing their voting laws. The burden is on these 'covered' jurisdictions, unlike the rest of the country, to prove that such changes won’t adversely affect the right of African Americans and other minorities to vote. Shelby County, Ala., was in court Wednesday arguing that this pre-clearance requirement is an unfair infringement on Alabama’s sovereignty.

Congress adopted the Voting Rights Act in 1965 and has reauthorized it four times since, most recently in 2006. Each time it has extended Section 5 on the grounds that some jurisdictions, mostly but not only in the South, have particularly egregious records of interfering with blacks voting. Originally such interference took the form of 'literacy tests' and other blatant blocks to voter registration; these days it can involve more subtle ways of limiting minority turnout, such as moving polling stations. The reauthorization in 2006 was based on a voluminous record — thousands of pages of evidence — showing that the covered jurisdictions have a propensity toward discriminatory rules. The Senate agreed by a vote of 98 to 0; the House, 390 to 33."

Read the Washington Post, Justice Scalia’s contempt of Congress.

Which proves the point that it's only so-called judicial activism and judicial legislation when the other side does it.