In 1992, in the school desegregation case Freeman v. Pitts, Justice Scalia wrote:

At some time, we must acknowledge that it has become absurd to assume, without any further proof, that violations of the Constitution dating from the days when Lyndon Johnson was President, or earlier, continue to have an appreciable effect upon current operation of schools. We are close to that time.

According to Scott Lemieux, it looks like the Court may be ready to apply a similar logic to the Voting Rights Act.

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   Yet, Justice Scalia also believes that what he imagines to have been the shared understandings of certain white men of...

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