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uh... starting at the supreme court
and in fact speaking of the original renaissance man blew the guy who is our
associate producer
uh... makes makes all all of the the wonderful sounds and things happen on
our program
is one of my favorite
you know bouncing topics off having to do with the law a law school graduate
shane foreigners with us he's also the supreme court reporter for the talk
radio service if a handwritten credentialed and you're there in new
jersey and see you were there this morning tough they repeated
yet now so the the the case the retires the voting rights act exactly when
resignation sixty-five no voting rights act of nineteen sixty five
uh... which has been reauthorized a few times by congress to the years
most recently in two thousand six uh... shelby county alabama
uh... has sued
saying that it's unconstitutional so cork
took that up again tick-tock of most recently two thousand i'm but again
today right and the
basis of the argument that show the county's making
uh... the basis of their argument is that uh... things are different now the
south has changed
on that there's no longer necessary
to treat certain states differently than the other states
into that the voting rights act of the section five is no longer necessary and
that's
uh... section five is a little different than the rest of the act section five
says certain states because you've had such a long history of discrimination
you if you were to change your
of voting rules
you need to get clearance from a house the federal government
anne's though a lot of the city's don't like the social becoming sued to have
the stopped right and the argument is that that is being made at least that
i've heard on ruling talk radio
is pay you know you've got
districts that are all black you've got elected officials who are or
african-americans you've got voting officials who are for americans to get
judges who are after americans
how can you say that
there's still discrimination going on and in these areas
well congress did a very in-depth review of this and that's what congress is job
is and a lot of the argument before the court
what is going really there's a really big for the court that is also seem an
argument among the members of the court so if you think this is congress' job
this is not the supreme court struck right so they're u_s_ houses and
thousands of of pages of documents and
you dozens of witnesses in hours of testimony piracy congress did in order
to re uh... reauthorize this abduction sixteen two thousand six
end so in other words the rebuilding of the conservative talk show uh... door
fox news
talking points are nonsense or any other maybe areas where you've got a lot
african-american voters you've got after an elected officials with whom that
doesn't mean that there is not
uh... you know racism that is playing itself out in the polls and we saw in
the last election specifically and we we even pick
in that one voting lines in wyoming lines you there was a head of the cuban
president you appeared on for a limited
that some of their rules that they're trying to enact were specifically to
disenfranchise
black voters informed that this is their strategy
so but by i'm i'm curious the
does this what standing shelby county claims they have actually but before we
get to that short uh... justice scalia makes an interesting article interesting
reducer well he can't asking well yes about three times before he got his
actual point
he's talking about the reauthorization in the vote tallies on the
reauthorization in the senate he said you know the first time or through there
was a dozen or so votes against it and then ninety and remember all the numbers
beside this most recent i'm when the senate voted on the antibodies razak to
reauthorize it was ninety eat two zero in the senate
in he was rhetorically ask it was the question was how it will is does that
mean that
the voting rights is more necessary than ever are
is discrimination worse than ever that now ninety-eight to zero
the senate believes that they should be reauthorized
and then he went on let me see if i can find a lot of fun this exactly
heat he went on to argue that the act itself is what he's images is is quote
a perpetuation
of racial entitlement
and i think this is the of the line of the argument new you'll see a lot of
headlines in the box he said that the v_ re even though it was it was voted
ninety two zero it did so this was evidence that congress will never felt
to not reauthorize interest get rid of the voting rights act it so that you to
meet him on nasa refers a necessary now
politically they don't have the fortitude
to say no to it because it's a really cool sounding act right so z essences
school leah's argument
uh... all it's not really an argument but uh... of his comments seems to be
that he's saying that congress won't do the right thing by doing away with this
uh... because
you know if you vote again so any rights act
after americans won't vote for you and even republicans need african-american
votes
uh... and so congress can do the right thing by doing away with this
so it's our job it's our job because congress doesn't have the political will
is is
and something where in the constitution does this say it's the job of the
supreme court
to fix legislation that congress doesn't have the courage or integrity or
intelligence which would be the positions cooley is taking i disagree
with him but do you know let's let's just assume that does something to what
he said were in the position to say that it's the job of the court to fix
bad legislation
i can't find it
yes because exhibited they can review cases
they've come up and and they can find a lawyer
line up with the constitution that's work or from other parts of madison came
from
but to take a case this entry chubby thighs and i don't we don't like this
law we're gonna soooo over what a declaratory judgment sing as
unconstitutional there wasn't even but i did bring up a set of facts
you guys abuses against us before you can use it again so let's have a ruling
on this and they'd is so that invited the court to look at this same usairways
situation it was a quite literally get this straight
yesterday
scalia said to the a_c_l_u_ and answer for us to shore rights
you guys cannot issue a subpoena to the national security agency for u for
wiretaps against you
because you can't prove that there are wiretaps against you right because
national security agency won't tell you if they were captured business too
speculative right and in other words
you don't have standing to stand before this court
because you don't actually have a case you can't demonstrate the if they aren't
right
so so they threw it out
and is thus we have no right to to find out for being wiretapped or emails being
read by the n_s_a_ our c_i_a_ or appear you know the local sheriff's capt office
at the same time shelby county alabama comes and says
uh... we got no case
we are no complaints
we end up in a point to
and sprint courses by come out and arguably to say that they actually had
this many many times effects somewhere called called shelby kennedy appear to
me
of why this law was enacted
term so over the years date the voting rights act they have had a pre-clearance
of voting changed or struck down
but it requires process so they has been used against them in the past here guys
are doing those things well
their there they they wanted a giant arguments about the or olver arching
issue of it the consummate establish standing
by saying that before they've banned
the subject of this in the probably will be in the future
but you could say the same argument that economy don't fret if i do you see a new
criticism that we must prove that they had before
but they said it likely to yourself vicki's we're splitting hairs here we
are in the supreme court's just wanted to your one and that the other yeah and
i don't think its record she needed help
backpack or even beeville has this power in a much much less that this is insane
this is absence and uh... their justice thomas i'm guessing the only after
american accordance their word consumers does not
now armed anybody else in the interest you're coming our moderates before are
roberts premature split blank of uh...
is that his government's submission that citizens of the south are more racist
than citizens of the north
was a really relevant inquiry
we're talking about institutional racism you're not citizenry welll i mean you
could argue that the citizens of the south tried to separate from the union
over the issue is slave raising currently uh... and no one's gonna go on
for of course they ever a south as racist specially the solicitor general
united states right
also an but but you know arguably wouldn't that
i mean isn't notting conceal what spas wouldn't be of side coming from robert
sorry buddy coming from somebody like repeater ginsburg who would say uh... we
are finding that section five of the voting rights act
uh... is not constitutional because it doesn't comport with the compression
caused the constitution and what you have to do to make that comport with the
print if a correction clause ms apply to all the states
yet as it is clear is that will happen was as a mystery because the equal
protection clause cause applies to people
yeah okay so look at this hour after the break the explosion
uh... it's uh...
happen the raising
and and i i i did see what's really amazing
is to see how the supreme court rules on this one the time