@Lola,
Did Scalia or any of the other conservatives ever denounce Jim Crow as "racial entitlement"? Did conservatives ever denounce even the cruelest aspects of Jim Crow? Well, I think we know the answer to that question. Their past record on Jim Crow reveals their current statements on issues such as this one to be hypocritical to the extreme.
By the way, I'm not speaking as a progressive here. I'm ideologically independent and happen to be conservative on some other issues. In other words, I'm not following a party line. I'm calling it for what it is. I grew up under Jim Crow and saw just how evil it was. Conservatives never had any problem with it! In fact, they defended it!
Scalia and the other jerks have reminded me why I never became a conservative.