3 ms·

> The ruling said the test was excluding minorities and the Constitution doesn't allow for exclusionary policy. Yes, it's a common tactic to use the most abstr

> The ruling said the test was excluding minorities and the Constitution doesn't allow for exclusionary policy. Yes, it's a common tactic to use the most abstract terms to obscure the meaning of policies and rulings like these. Lets be more concrete: the test was excluding minorities how?

tootie 5y ago
Doesn't matter. The law doesn't require the exclusion to be intentional or even explicable. It's purely based on outcomes.
- sunir 5y ago
  The Oakes test is based on outcomes. It is not legislated.