Daily Topics - Friday March 1st, 2013
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#2
Of course, there wouldn't be quite as much need for Section 5 of the Voting Rights Act if we had an election system that gave every voter something, instead of keeping nearly half the electorate from having a representative. And if we had a more objective districting system, that would make it even harder to screw people out of having their say in government.
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If Justice Scalia doesn't think that Section 5 of the Voting Rights Act is simply unconstitutional in the first place, then there's no reason he should vote to nullify it. A law shouldn't be repealed just for being useless (which of course is not the case here). It may be useless because it's having its desired effect. Just as with the existence of labor unions, you may think they've run out of usefulness, but that can only be true because they're still around. Get rid of them, or Section 5, and they will become necessary again.