Filmmaker and liberal activist Michael Moore attacked Supreme Court Justice Antonin Scalia on Twitter Thursday, calling for the judge to be fitted for a KKK hood.
Moore's freak-out was in response to comments Scalia, the longest-serving justice on the bench and the court's conservative anchor, made Wednesday during judgment in Shelby County v. Holder, a Supreme Court case involving Section 5 of the Voting Rights Act. Under Section 5, local cities or counties with a history of racial discrimination in voting are not allowed to make changes in their voting rules without first obtaining the approval of the Department of Justice or a special court in Washington, D.C.
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"Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes," Scalia said. "I don’t think there is anything to be gained by any senator to vote against continuation of [Section 5 of the Voting Rights 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."
Moore and other liberals virtually assaulted Scalia online for his comments, insinuating that he's a racist. Moore's tweet referred to Quentin Tarantino's movie "Django Unchained,"
which features freed slave Django (Jamie Foxx) vying to liberate his wife, Broomhilda (Kerry Washington), from vicious plantation owner Calvin Candie (Leonardo DiCaprio).
But Scalia's comments weren’t really about the constitutionality of the Voting Rights Act, but its politics. He wasn’t calling into question the right of African Americans to vote, but instead commentating on the political landscape.
When the Voting Rights Act was instituted in 1965, Section 5 was meant to be a temporary provision to be terminated after five years, but it has instead been repeatedly renewed and remains in effect today. What Scalia was discussing were the reasons why Congress has not repealed or modified Section 5 despite the advice of the Court.
"They are going to lose votes if they do not reenact the Voting Rights Act," he said. "Even the name of it is wonderful: The Voting Rights Act. Who is going to vote against that in the future?"
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