During oral argument in Shelby County v. Holder, Justice Antonin Scalia suggested that the continuation of Section 5 of the Voting Rights Act represented the “perpetuation of racial entitlement,” saying that lawmakers had only voted to renew the act in 2006 because there wasn’t anything to be gained politically from voting against it.
“Whenever a society adopts racial entitlements” said Scalia, “it is very difficult to get out of them through the normal political processes.”
That’s judicial activism, designed to interfere with the political process — and Scalia can Bite Me.