Judge Scalia, in "LEGISLATIVE SOUL SEARCH!"
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So many members of the INNER HIVE asked if they could share this week's commentary (exclusive to members of the INNER HIVE, hint, hint), that I thought I'd make a quick note here.
Basically, in this week's comic I take issue with the breathtaking hypocrisy Justice Scalia revealed in oral arguments for Shelby v. Holder.
When it comes to laws that restrict the rights of individuals and minority groups, Scalia refuses to consider the legislative history of the law, and gives great deference to the legislative, political process, which he repeatedly states is the best process to resolve the issues of the day. These are two of the most basic tenets of his stated judicial philosophy.
But in this case, in which we're looking at whether or not to override the legislature to remove protections for minorities, Scalia happens to find that the political process is uniquely ill-suited to come to a proper decision. And when looking at the legislature's motives for a 98-0 vote, he goes far beyond legislative history; he assigns self-serving motives simply because the vote was so overwhelmingly in support of the act.
A Justice of Action!
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