What do you think of Judge Scalias' contention that some things are too important to be left to Congress to decide?
A few days ago Judge Scalia said:
“Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes. I don’t think there is anything to be gained by any Senator to vote against continuation of this act. And I am fairly confident it will be reenacted in perpetuity unless — unless a court can say it does not comport with the Constitution. You have to show, when you are treating different States differently, that there’s a good reason for it.
That’s the — that’s the concern that those of us who — who have some questions about this statute have. It’s — it’s a concern that 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. And even the Virginia Senators, they have no interest in voting against this. The State government is not their government, and they are going to lose — they are going to lose votes if they do not reenact the Voting Rights Act.”
His contention appears to be that Senators are voting for this law not because it is a fair, just or necessary law (which is almost 50 years old now) but through fear of losing in an upcoming election and that their unanimous vote to re-up the law in 2006 is indicative of this.
Regardless of whether you agree with the law or not; what do you think of Scalias’ contention?