At oral argument for Shelby County v. Holder, on February 27, 2013, Scalia had a theory for why the law had been so popular in Congress. “I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial entitlement,” Scalia said. “It’s been written about. Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes.” Black people, he implied, had wrested control of the government, and the poor politicians were too scared of looking racist to do anything about it. The court had to rescue
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