Monday, February 15, 2016

Supreme Court Justice Antonin Scalia: Original Racism

The death of Supreme Court Justice Antonin Scalia has simultaneously recalibrated talking points for the upcoming presidential election and intensified the importance of President Obama’s remaining months in the White House. Scalia reportedly died over the weekend while on a hunting trip in Texas. He occupied the highest bench for three decades since being nominated by President Ronald Reagan and unanimously confirmed in 1986. 

Like Bernie Sanders or Donald Trump, Justice Scalia is a Racist Suspect. 

Before his SCOTUS residency, Scalia commanded the United States Court Of Appeals for the District of Columbia Circuit, where, according to the New York Times, he issued opinions “skeptical of claims of employment discrimination.” In 2013, he helped erode the 1965 Voting Rights Act, which he branded a “perpetuation of racial entitlement.” And during the courts re-reconsideration of Affirmative Action, Scalia echoed predictable “Bell Curve” dogma about the intellectual ineptitude of negroes. The late justice explained that, “Most of the black scientists in this country don't come from schools like the University of Texas. They come from lesser schools.”

Scalia wasn't practicing White Supremacy. He was looking out for our best interest, so that aspiring black scholars don't strain our puny colored brains.    

Dr. Frances Cress Welsing, a third generation physician and author of The Isis Papers, discussed Scalia’s assessment of black aptitude during one of her final lectures before her 2016 death. 

150 years since emancipation, and [Justice Scalia] is justifying why black people should not be admitted to the law school because they don’t have what it takes. Maybe there’s a little nursery school law school that they can attend. That’s kind of more suited to what we’re going to allow them to do anyway.” 

The American Slave Coast, co-authored by Ned and Constance Sublette in 2015, explains how the United States was founded and thrived on a slave system that required the perpetual rape of black people. The organized sexual exploitation of black bodies informs the genesis of the United States Constitution that Scalia was charged with decoding. The Sublettes write: 

The story of the Constitution’s making in 1787 has been told any number of ways, typically suffused with a cue-the-kettledrums aura of religiosity and an assumption of American triumphalism. Constitutional historians have tended to portray their subject as the most important political document in world history, in the greatest nation in history. In extreme cases this has involved elevating the framers to a sort of secular sainthood, as in the post-Reagan years, when a school of constitutional interpretation called 'originalism' emerged in American jurisprudence. Most prominently associated with archconservative Supreme Court Justice Antonin Scalia, originalism is a fundamentalist movement that seeks in effect to construe the Constitution as static and unchanging by mind-reading the intentions of the presumably divinely inspired Framers - a word Scalia writes with a capital F, the way they did it in the eighteenth century. His opinions are shot through with variations on phrases like: 'The Framers recognized …,' 'The Framers contemplated …,' 'The Framers viewed…,' and 'The Framers’ experience …' This is a peculiarly subjective lens through which to view a document created by so many people, at such sharp cross-purposes with each other.

'Aware that the South would not join a Union that prohibited slavery,' writes Scalia’s generally dissenting colleague, Supreme Court Justice Stephen Breyer, who does not capitalize 'framers,' 'the framers in effect postponed the question of slavery’s continued existence by writing into the Constitution a series of compromises.' But if we were to follow the notion of original intent from the point of view of the South Carolina Framers, we would see the Constitution as protecting the right to own and trade [and rape black people.]