Scalia’s hypocrisy

Yesterday Justice Scalia had no problem concurring with a decision overturning Section IV of the Voting Rights Act, a law which was overwhelmingly renewed by the Congress in 2006. That year the vote was 98-0 in the Senate and 390-33 in the House.

Here’s Scalia writing in today’s dissent from the Court’s decision to overturn the Defense of Marriage Act::

“We have no power to decide this case,” Scalia wrote. “And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation.”

So lemme get this straight: a duly-voted-on law trying to enforce the voting franchise has outlived its usefulness, while a duly-voted-on law limiting a social contract should be upheld. Apparently Justice Scalia liked the 1950s just fine and would prefer we all live in that era in perpetuity.