Thanks for bringing this up, since the reasoning underlying his challenge and the technicality it creates is part of mainstream Conservative narrative in their attempts to repeal the amendment. Scalia et al go what they needed out of the Amendment when they had the nerve to apply the 14th Amendment, which was passed for Blacks in general and ex-slaves in particular (as well as some Native American tribes) for the benefit of George Bush in Bush v Gore, which gave him the election.
This is especially galling BECAUSE IT WAS BLACKS BY THE THOUSANDS WHO WERE ILLEGALLY DISENFRANCHISED IN FLORIDA FOR WHOM THE 14TH AMEND SHOULD HAVE BEEN APPLIED AND THAT WOULD HAVE GIVEN GORE THE ELECTION WITHOUT CONTINUING THE RECOUNT.
I put that in all caps because the egregious nature of Scalia and the right-wing Justices activist violation of the Constitution but their hypocritical violation of their own stated principles concerning how the Constitution should be applied, is as despicable and consequential as the majority's decision in Dred Scott!
That Conservatives to this day have the nerve to bury this with their "get over it" mantra is a testament to their "disloyal opposition" to the Constitution and our Democracy as well as to the socio..pathic nature of their politics and psychologies.
Read the Article at HuffingtonPost