Ginsburg attacks the ahistorical character of the majority decision. Quoting Shakespeare, she notes that the majority "ignores that `what's past is prologue'". What a profound observation, `the past is prologue'. It neatly, and with a literary flourish, sums up the deep defect with the Court's decision, its deliberate ignoring of both the contemporary ramifications of historical racism in this country as well as its current vitality.
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