3 ms·
> The question is, was the policy created with the intent of racism. This sounds reasonable, but this is not how US Federal law works. One key concept is stri
by mturmon 6y ago
> The question is, was the policy created with the intent of racism.
This sounds reasonable, but this is not how US Federal law works.
One key concept is strict scrutiny [1] -- when a regulation that infringes fundamental constitutional rights (such as equal protection under the law), or when a law pertains to a "protected class" like race or national origin, the standard is much higher.
In particular, in such cases, you do not have to prove, for example, racist intent to strike the law down. See the link for more. The obvious reason is that it's very hard to prove intent.
The current administration did manage to be blatant enough in its attempt to add a question to the census to suppress counting of people it does not like, that it did indeed reveal intent. [2]
[1] https://en.wikipedia.org/wiki/Strict_scrutiny https://en.wikipedia.org/wiki/Strict_scrutiny
[2] https://www.aclu.org/blog/voting-rights/trump-administrations-census-cover https://www.aclu.org/blog/voting-rights/trump-administration...