Unless the Democrats wake up to the importance of winning state legislative elections, they are likely to remain a largely impotent minority in the House of Representatives and equally feeble in the state legislatures. The momentous Supreme Court decisions on the Voting Rights Act, same-sex marriage and affirmative action make winning these races all the more vital, for all these rulings deal with state action. The huge Republican victory in the 2010 election could turn out to be a gift that keeps giving.
The Great Debate
It’s rare to reach a point in our national sense of humor that a sitting Supreme Court justice emerges as the butt of popular jokes for comments he made during an oral argument. That’s what happened last week, however, after Justice Antonin Scalia asked lawyers defending Congress’s extension of Section 5 of the 1965 Voting Rights Act whether maintaining the pre-clearance formula for nine “covered” states, which are subject to federal oversight, was really just a “racial entitlement” program and not a constitutional necessity.