There's been a lot of gleeful chuckling, for example, about Scalia's courtroom bench "humor." But behind his jokey comments lay a cruelty aimed at the poor, the injured, the Beemer-less class that turns to the Court as the last hope for protection against corporate and state violence. Here's a telling example of Scalia's humor from a crucial voting rights case.

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It was one of our team's weirder investigative discoveries: The recently departed Justice Antonin Scalia-- aleha hashalom-- in 2011, was ticketed for recklessly driving his black BMW.

To his family, I offer condolences. To my readers, I offer the facts. A man's soul must be laid to rest, but history must not be buried as well, especially now that the Justice's passing has become grounds for stories that border on historical obscenity, cf. the New York Times, "Liberal Love for Antonin Scalia."

Love?? Well, if you want a Valentine, this ain't it.

There's been a lot of gleeful chuckling, for example, about Scalia's courtroom bench "humor." But behind his jokey comments lay a cruelty aimed at the poor, the injured, the Beemer-less class that turns to the Court as the last hope for protection against corporate and state violence.

Here's a telling example of Scalia's humor from a crucial voting rights case. In 2005, Indiana's Republican legislature passed a law barring the vote to anyone without current state photo ID. The excuse: an official ID would prevent voter fraud--despite the fact that the state had not found, in over 100 years, even one case of a voter illegally impersonating another.

The media did get a laugh out of the ten nuns who were turned away from an Indiana polling station because the sisters' driver's licenses had expired. The nuns were in their eighties and nineties. Their licenses had expired, though they had not. Tough luck ladies, you lose your vote.

Bobby Kennedy and I covered the cute story of the nuns; but we also wrote about the unnoticed 78,000 African-Americans in Indiana who lost their right to vote because they did not have the right ID to vote. A disproportionate number of African-American lack cars, and therefore driver's licenses; and only a few, apparently have passports for weekends in Paris,

(For a free copy of the investigative report--in comic book form, Steal Back Your Vote, click here.)

Civil rights groups sued, stating the obvious: that the Indiana law is racist in its operation, a violation of the Voting Rights Act. Black folk, the elderly, students, and poor whites--were all blocked from registering and voting. Federal Justice Terence Evans threw out the biased ID law, writing, "The Indiana voter photo ID law is a not-too-thinly veiled attempt to discourage election-day turnout by certain folks believed to skew Democratic."

But Indiana argued before the Supreme Court that anyone could get an ID--they just had to get a non-driver ID from a county office.

Experts pointed out that the average poor person in Indiana -- a poor person likely to be Black-- lived an average 17 miles from a county seat.

That's when Justice Scalia rode, recklessly, to Indiana's rescue. Scalia chortled that "Seventeen miles is seventeen miles for the rich and the poor," Black or white. How cute. How droll, Mr. Justice. And it's true, at 65 miles per hour, 17 miles is just a 15 minute cruise, whether your BMW is black or white.

But the experts I spoke with told me they calculated that travel required two bus rides, cost a day of work, and included fees that amount to a poll tax. In the non-BMW world, 17 miles is just another long, obstacle-choked road to the ballot for voters of color.

All week I've heard Scalia praised as an "originalist," that is, sticking with the intent of the writers of the Constitution. Really? The right to vote without regard to race, the 15th Amendment, grew from the ground watered by the blood of Abraham Lincoln's warriors.

Was it the original intent of these words to enable the creation of new Jim Crow obstacles to citizen rights?

Since when does an "originalist" so insouciantly ignore the clearly marked signposts of the law?

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My suggestion: The President should not nominate a replacement for Scalia. Let's make this election a referendum: make Americans choose our Court. Let Americans decide if our Court will defeat or cuddle up to Jim Crow, whether our government may dictate whom you love and marry, whether the Bill of Rights is just a porous veil covering an unfettered and brutal spy state. Let's put the soul of America to a vote.

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Greg Palast is currently making a film of his New York Times bestsellers, The Best Democracy Money Can Buy andBillionaires & Billionaires and Ballot Bandits.

Authors Website: http://www.gregpalast.com

Authors Bio:
Greg Palast’s investigative reports appear in Rolling Stone, the Guardian and on BBC Television. His latest film, The Best Democracy Money Can Buy, on how Donald Trump stole the 2016 election, is available on Amazon. Palast is Patron of the Trinity College Philosophical Society, an honor previously held by Jonathan Swift and Oscar Wilde.
Palast turned his skills to journalism after two decades as a top investigator of corporate fraud and racketeering. Palast's reports appear on BBC's Newsnight and in Britain's Guardian, Rolling Stone and Harper's.

Palast is best known as the investigative reported who uncovered how Katherine Harris purged thousands of African-Americans from Florida's voter rolls in the 2000 Presidential Election.

Palast directed the US government's largest racketeering case in history--winning a $4.3 billion jury award. He also conducted the investigation of the Exxon Valdez on behalf of the Alaskan Natives.

Palast is recipient of the George Orwell Courage in Journalism Prize for his BBC television documentary, Bush Family Fortunes.

Greg Palast's newest book, Vultures' Picnic will be released by Penguin Books in November of 2011. Find out more info at VulturesPicnic.org