Amy Coney Barrett Could Bring Down Decades of Anti-Discrimination Law

During her confirmation hearing, Judge Amy Coney Barrett was asked if she agreed with the late Justice Antonin Scalia that the Voting Rights Act was a “racial entitlement.” Barrett, who has said, “His judicial philosophy is mine too,” declined to answer. If she indeed shares Scalia’s view of the Voting Rights Act, the Supreme Court is likely to embrace an idea that would destroy much of anti-discrimination law: that race-conscious countermeasures against discrimination are themselves discriminatory.