The Voting Rights Act was struck down under the argument that it had become obsolete. But never before in human history has a law been eliminated for being too effective. We don’t get rid of drunk driving laws because DUI rates drop to zero, nor do we abolish murder laws when homicide rates decline. The only people who want to eliminate laws against murder are those who intend to commit murder. The only people eager to scrap drunk driving laws are those who plan to drive drunk.
The only people pushing to dismantle anti-discrimination laws are those who still want the freedom to discriminate without consequence. It’s about power—the ability to control outcomes and handpick winners. If too much progress is allowed, that power slips away, and those in charge lose control.
When the Court made its decision, neither Scalia nor his allies explained where the Court got the authority—or the justification—to make such a ruling. But this was exactly what the Federalist Society had been working toward since its inception.
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