Yes, Justice Scalia: Section 5 Is a Racial Entitlement. Even DOJ Says So

Pay close attention to Perez’s use of “disadvantaged group.” This qualifier is familiar language to critical-race theorists. It evidences a view that even a small white minority is never worthy of protection, even if discriminated against, because ultimately whites are members of a privileged group. Also, people of color are always part of a “disadvantaged group.”

Truth and revolution can appear suddenly, and darken the brightest of times.

Consider yesterday’s Department of Justice inspector general’s report documenting the rancid racialist attitudes of the Voting Section staff.

The Justice Department should hope that Justice Antonin Scalia — or his clerks — don’t catch wind of the IG report before Shelby v. Holder is decided. If he or they do, they will find a particularly interesting discussion regarding what Justice Scalia called “racial entitlements” in Section 5 of the Voting Rights Act.

The left has been apoplectic about Scalia’s observation. But yesterday’s DOJ inspector general’s report makes plain: many staff inside the Justice Department define Section 5 exactly as Scalia does: as a “racial entitlement.”

In the report, Assistant Attorney General Tom Perez — a possible Obama nominee to head the Department of Labor — makes clear that he doesn’t think Section 5 should ever be used to protect a white minority in covered jurisdictions.

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