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Justice would ultimately vote to uphold the affordable care act. why? various reasons. but basically, i didn't think he was animated by the sort of anti-federal government animus that went to so much of the criticism of the aca. but i do think he's animated by, as you said at the top of the show, this color blind notion, and to get the government out of the business of accounting by race and that's what motivates him and that's what this case is about. >> racial entitlements. that, i mean, shocker -- >> with scalia. >> yes. >> let me play it out just so everyone can hear it in its context. wha...

Point. i came away thinking, what the justice is saying is incredibly insulting to members of congress. >> right. >> basically saying you guys are willy-nilly not exercising due care. sbrand on >> and on to the president who signed it. >> and to the president who signed it. we actually e-mailed 43 senators still in vote who voted the first time around. we e-mailed them and basically gave them scalia's statement -- the republican senators, sorry. 43 republican senators around when it was reauthorized. we e-mailed them, we said, do you agree with this? you know, we got one response. probably not...

Our democracy. and the second question, and this say question that requires a closer explanation, is whether the problem today still remains most intense in certain places as opposed to others. this part of the voting rights act covering all or part of 16 states. and congress took a very hard look at this question and it found that indeed although there's voting discrimination in many places, the nature of the problem in the covered jurisdictions is that it tends to be more persistent and adaptive. there are more repetitive violations such that as a single case is inadequate to dispel the disc...

>> so, this means we should only have one branch of government. we don't need to vote for president. we don't need a congress because the supreme court is going to take care of everything. we don't need hearings, or congressional hearings. what's the point of that? it is just amazing that a justice could actually say and claim he's not a judicial activist. >> right. >> he is getting ready to just say, the heck with democracy. i am going to decide the facts here. i'm going to decide discrimination's over. we're in a color blind society. move on, people. >> and what's so striking is the constitu...

Jurisdictions have to wear forever. they just have to behave themselves. >> and on the flip side if an uncovered jurisdiction misbehaves it can be put in by a judge. it can be bailed in. this statute has its own tailors, its own updating -- >> built into it. and it's not frozen. >> that's right. >> and congress has repeatedly reviewed the legislation with thousands of peoples of documentation. but it does seem to me, the underlying thing here comes out in the krueger case on affirmative action which i think justice o'connor at the time, i think it's her opinion, right, i think she says 25 year...