Then you don't even know the context of Scalia's comment .

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Originally Posted by Tuttyd

I might. Depends on what arguments you are talking about.

Tut

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The transcript in question, Shelby County v. Holder.

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Originally Posted by tomder55

Then you don't even know the context of Scalia's comment .

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I haven't read the actual court transcripts until now.

There is a big difference when it comes to expressing a legal opinion and expressing a public opinion. As far as I can see Sotomayor is expressing a legal opinion in a court room.Unless you have something else?


Tut

Scalia was expressing a legal opinion in the oral arguments . That is the context . His point was that it was a safe vote for Congress to leave a statute that is of questional constitutionality in place rather than to go on the record for voting "against" voting rights.

And I am fairly confident it will be reenacted in perpetuity unless -- unless a court can say it does not comport with the Constitution. You have to show, when you are treating different States differently, that there's a good reason for it.

That is a legal opinion and nothing else .