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Old 09-12-2018, 09:18 AM
UltraVires UltraVires is online now
Join Date: Jul 2007
Location: Bridgeport, WV, US
Posts: 14,484
Originally Posted by Lord Feldon View Post
The USA is only a democracy because of some of those rulings.

Large swathes of the USA were ruled by straight-up dictatorships within living memory. Legislatures were selected by rotten boroughs in the same time. Even if your reading is 100% correct (which I doubt), the USA is an emerging democracy, and sometimes the early phases of the transition to democracy are...messy.
I don't dispute that it reaches the "right" result. If anything, this is a slam on my own judicial philosophy. A "living constitutionalist" could look at this and say that we have "evolved."

For a Justice like Scalia to support Loving and anti-Affirmative Action programs on 14th Amendment grounds seems to be against the text of the Constitution which directly permits discrimination based upon race and gender.