If you unbuild it they well come.
Scalia is the FLF with the big mouth, but on this one, it is Chief Justice Roberts who is consumed by this issue. That Libertarian Theology that if we ignore racism by law, it will magically go away. Which of course has been proven ABSOLUTELY FALSE regarding slavery, apartheid, segregation, Jim Crow, equal rights, equal education, employment, justice, and VOTING RIGHTS.
What drives this fantasy? Is it to let THE MARKET sort it out? Has THE MARKET ever done the RIGHT THING about anything at all. Remember that movie DO THE RIGHT THING and how much Republicans hated it? I remember when it came out my local video store [there were once video stores on every block] told me they would not rent such racist garbage. It wasn't the racism of course, it was that Republicans strive to DO THE WRONG THING. It is what they are. It is their nature. And just like the scorpion going down with the frog, they are intent upon political suicide rather than even talk about doing the right thing. Name me one thing that Republicans have done since January 21, 1981 that was good, or kind, or nice for 90% of Americans.
Striking Section 5 is not only going to give the Ku Klux Klan a pat on the head, unleash Republican voter suppression throughout the South, but it will also give a green light for Republicans to peruse it over the rest of the nation as they are wont to do. It is their only option to beat the demography. Change is out of the question.
How can the 5 Republicans on the Supreme Court rationalize this? My guess is its the same way they can rationalize the joy they take in executions when their religion is entirely founded upon the most dreadful and wrongly applied execution in human history. It's the nature of the Beast.