The Difference Between White Robes and Black Robes

Sometimes irony just isn’t very funny. The Supreme Court is currently considering a case where it is contended that the Voting Rights Act of 1964 should be overturned as it is no longer necessary. Wouldn’t you know that the case is being brought by the State of Alabama. And wouldn’t you know that Supreme Court Justice Antonin Scalia thinks that is just fine.

A quick tutorial – the Voting Rights Act was passed in 1964 to provide a legal framework that would protect black people in the South who were regularly lynched, bombed and massacred for trying to exercise their right to vote. The fact that much of the violence directed against black men and women (and their white supporters) was sanctioned by the southern state and local governments made it absolutely necessary for the federal government to step in.

The law has stated that before any state can make any fundamental changes in the voting process those changes have to be approved by the United States Department of Justice. Not surprisingly, there are nine states on the federal government’s “watch list”, and all nine states are southern states, each with a bloody and grisly history of violence against black people, especially when it comes to voting.

We now fast forward to 2013 and the attorney general of the state of Alabama comes before the Supreme Court of the United States and argues with a straight face that the Voting Rights Act of 1964 is no longer needed because Alabama, like the rest of this country is in a post-racial era and there need be no further worry about government-sponsored discrimination against black people or other minorities.

Incredibly, if you are reading this during the daytime, the state flag of Alabama, a St. Andrew’s Cross modeled after the Confederate flag is flying over the state capital in Montgomery. For some perspective, imagine a German provincial government disavowing anti-Semitism while flying a flag “modeled after the Nazi swastika” and you can understand why the United States Department of Justice along with black people of Alabama look at that state’s post-racial contention with something less than confidence.

Now comes Supreme Court Justice Antonin Scalia, he of the ScaliaRobertsAlitoThomas right wing cabal. Although he had a singularly undistinguished career as a lawyer he somehow has stumbled onto the pages of American history as one of the architects of the highjacking and theft of an American presidential election in 2000.

Not satisfied with that unfortunate distinction, Justice Scalia is now taking the lead in rolling back the legal and legislative accomplishments of the civil rights movement. During oral arguments he had the temerity and reptilian insensitivity to refer to the Voting Rights Act of 1964 as another example of “racial entitlement”.

Where does one begin with racism soaked in stupidity and ignorance? In 1964 Justice Scalia was 28 years old and a lawyer who had already graduated from Georgetown University and Harvard Law School. It is impossible that he was not aware of that Birmingham, Alabama was known as “Bombingham” because of the relentless bombing attacks carried out by white citizens against black people who sought to exercise their right to vote.

Antonin Scalia may feign ignorance, but he had to know about the four black girls that were killed in a Birmingham church bomb because that church was the base for civil rights efforts. He had to know about Schwerner, Cheney and Goodman and Medgar Evers and Viola Liuzzo and the Ku Klux Klan and George Wallace standing in the doorway of the University of Alabama blocking the entry of a black woman who wanted to attend school.

To term the Voting Rights Act or any civil rights legislation “racial entitlement” is either ignorant or racist. That is because one would have to be ignorant of the institutional racism that consistently denied civil rights and humanity to black people since the ratification of the Constitution that sanctioned slavery in 1789.

One would have to be a racist to think that dismantling an legal and legislative infrastructure that imperfectly protects the rights of blacks and minorities could possibly be a good thing. Antonin Scalia is the son of an Italian immigrant family that never faced obstacles to the exercise of his civil rights as his father could literally get off a boat from Sicily and immediately walk a paved road to citizenship.

How dare Antonin Scalia and the AlitoRobertsScaliaThomas cabal try to deny that right to black Americans or anyone else? There may be a day when specific civil rights legislation to protect the rights of blacks other minorities and women is not necessary.

This is not that day and Antonin Scalia should know that.