“Over the past year, anti-Asian incidents have surged across the country: There have been more than 2,800 since last spring, according to Stop AAPI Hate, which has been tracking people’s reports. Ranging from verbal abuse and workplace discrimination to storefront vandalism and physical violence, many of these assaults have been fueled by xenophobic sentiment that seeks to scapegoat Asian Americans for the spread of the coronavirus, given its origins in China.”
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“Kulkarni emphasizes that Trump’s rhetoric had a clear effect in stoking xenophobia and fueling these attacks, many of which fed off longstanding tropes about Asian Americans as perpetual foreigners who can never be fully American. “We would often see increased violence or hate and discrimination when the president would make remarks. We saw that was having direct impact on the perpetrators,” she said, regarding the Stop AAPI Hate tracker. Additionally, the association of Asian Americans with the coronavirus activated age-old stereotypes that have associated immigrants of Asian descent with “weird” foods, dirtiness, and illness.
Anti-Asian attacks in the past year have been wide-ranging. According to the Stop AAPI Hate tracker, they’ve included an Asian American child getting pushed off her bike by a bystander at a park, a family at a grocery store getting spat on and accused of being responsible for the coronavirus, and vandalism outside businesses. Then there is the death of Ratanapakdee in San Francisco this past month: Members of his family told KTVU that they believe the attack on him was racially motivated.
In a recent executive action, President Joe Biden condemned anti-Asian racism, marking a stark change from the Trump administration. He’s also instructed the Justice Department to begin gathering data on these attacks and to strip discriminatory language from federal documents. But it is going to take more than one message denouncing such acts to maintain this dialogue and ensure that members of these communities get the funding and legal backing they need.”
“The New York Times..forced out its lead pandemic reporter, 45-year* newsroom veteran Donald McNeil Jr., because the Grey Lady’s management, under public pressure from more than 150 employees, decided that when it comes to speaking certain radioactive words, not only does intent not matter, any utterance is potentially a one-strike offense.
“We do not tolerate racist language regardless of intent,” Times Executive Editor Dean Baquet and Managing Editor Joe Kahn explained bluntly in a memo Friday.
McNeil, 67, went as a representative of the Times on a 2019 trip with American high school students in Peru. There, according to his farewell note to colleagues—which, tellingly, was the first time the context of his career-ending comments had ever been reported during the 8-day life cycle of this journalism-world controversy—McNeil “was asked at dinner by a student whether I thought a classmate of hers should have been suspended for a video she had made as a 12-year-old in which she used a racial slur. To understand what was in the video, I asked if she had called someone else the slur or whether she was rapping or quoting a book title. In asking the question, I used the slur itself.”
After receiving complaints back then from at least six parents or students—one of whom said “He was a racist….He used the ‘N’ word, said horrible things about black teenagers, and said white supremacy doesn’t exist”—the Times “conducted a thorough investigation and disciplined Donald for statements and language that had been inappropriate and inconsistent with our values,” according to a company statement January 28. “We found he had used bad judgment by repeating a racist slur in the context of a conversation about racist language.”
Added Baquet in an internal memo: “During the trip, he made offensive remarks, including repeating a racist word in the context of discussing an incident that involved racist language. When I first heard the story, I was outraged and expected I would fire him. I authorized an investigation and concluded his remarks were offensive and that he showed extremely poor judgment, but that it did not appear to me that his intentions were hateful or malicious. I believe that in such cases people should be told they were wrong and given another chance.”
That’s what Baquet believed last week, anyway.
This week, the newsroom revolted via a remarkable group letter in which more than 150 staffers at one of the country’s leading newspapers argued that word-choice intentions are “irrelevant,” because “what matters is how an act makes the victims feel.” Signees, declaring themselves “outraged and in pain” and “disrespected,” demanded a reinvestigation of the 2019 incident, an apology to the newsroom, and an organizational study into how racial biases affect editorial decisions. They also alleged that the controversy had surfaced new internal complaints about McNeil demonstrating “bias against people of color in his work and in interactions with colleagues over a period of years.””
“It all goes back to a larger truth about white supremacist movements in America: They haven’t been composed, as some claim, of poor white people disenfranchised by society. Instead, they’ve often included supposed pillars of the community — professionals, businesspeople, and especially law enforcement officials.
Indeed, all these were represented in one of the best-known white supremacist groups in American history, the Ku Klux Klan. Linda Gordon, a history professor at New York University and the author of The Second Coming of the KKK: The Ku Klux Klan of the 1920s and the American Political Tradition, has studied the makeup of the group, especially during the 1920s when its activities became much more overt and open. And, she told Vox, the Klan, which at one point required the payment of significant entry fees, was “not an organization of poor people.””
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“the roots of white supremacy, then and now, are more complex, and to understand them, we have to look at where groups like the Klan and the Capitol rioters get their information and why they believe what they believe.”
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“One thing it did have in common with white supremacist groups today is that probably the single largest occupational group in the Klan were police, or other officers of law and order, like sheriff’s deputies.”
“At first glance, Georgia’s law requiring majorities for an outright victory seems inoffensive — the person who wins has to be chosen by most of the people who cast their votes. In theory, this would force candidates to appeal to more voters instead of winning with a large plurality of votes while holding views anathema to the majority of the electorate.
But Georgia’s runoff system has a darker origin: Many historians say it was designed to make it harder for the preferred candidates of Black voters to win, and to suppress Black political power.”
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“It effectively began in 1962, when the Supreme Court struck down Georgia’s old electoral system. That older system, called a “county-unit system,” was created 45 years prior to amplify rural voters’ power while disadvantaging Black voters’, and was “kind of a poor man’s Electoral College,” University of Georgia political science professor Charles Bullock told Vox.
Forced to come up with a new system, Georgia created one intended to continue undermining Black voters’ influence. That was the runoff system”
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“”In 1963, state representative Denmark Groover from Macon introduced a proposal to apply majority-vote, runoff election rules to all local, state, and federal offices. A staunch segregationist, Groover’s hostility to black voting was reinforced by personal experience. Having served as a state representative in the early 1950s, Groover was defeated for election to the House in 1958. The Macon politico blamed his loss on “Negro bloc voting.” He carried the white vote, but his opponent triumphed by garnering black ballots by a five-to-one margin.
Groover soon devised a way to challenge growing black political strength. Elected to the House again in 1962, he led the fight to enact a majority vote, runoff rule for all county and state contests in both primary and general elections. Until 1963, plurality voting was widely used in Georgia county elections””
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“Groover wanted to stop Black Georgians from voting as a “bloc” — that is, overwhelmingly for one candidate or party — while white Georgians split their votes among many candidates. In a plurality system, if Black voters were able to keep a coalition behind one candidate, they wouldn’t need the support of many white voters for their preferred candidate to win elections.
The method was popular across the former Confederacy: Alabama, Arkansas, Georgia, Mississippi, Oklahoma, South Carolina, and Texas all have general election runoffs. As the Washington Post reported, just two non-Southern states have runoff rules, and those “almost never matter””
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“There are some, like Bullock, who don’t believe this was designed to be a racially discriminatory institution, pointing out that the use of runoffs began at a time when Black voters had already been largely eliminated from the voter rolls. Others have said there were good governance reasons for implementing the runoff system.
However, Cal Jillson, a professor at Southern Methodist University, told the Washington Post that most of the states that adopted runoff systems did it to “maintain white Democratic domination of local politics. Letters and speeches that survive from the period show race was very much on the minds of those Democrats who advocated the primary-runoff process. ‘People had no misgivings about stating their real intentions and stating them in racial terms,’” Jillson told the paper.”
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“As if to simplify the historical record, decades after Groover fought to institute run-off elections, he admitted: “I was a segregationist. I was a county unit man. But if you want to establish if I was racially prejudiced. I was. If you want to establish that some of my political activity was racially motivated, it was.”
Groover also confirmed that he “used the phrase ‘bloc voting’ as a racist euphemism for Negro voting.” A DeKalb County representative who supported Groover “remembered Groover saying on the House floor: ‘[W]e have got to go the majority vote because all we have to have is a plurality and the Negroes and the pressure groups and special interests are going to manipulate this State and take charge if we don’t go for the majority vote.””
“This is not the first time that a group of Americans decided that winning an election was more important than maintaining a democracy. In fact, it’s because of those other examples that we know which sociopolitical trends to beware of.
On Nov. 10, 1898, following a municipal election that had installed an integrated city council, white elites from the city of Wilmington, North Carolina mobilized a mob that burned down the town’s Black newspaper, killed hundreds of Black residents and forced the newly elected council members to resign at gunpoint. It was a riot, organized and planned in advance, and aided by people in charge of the government so they could stay in power — pesky electoral outcomes be damned.”
“Because white women can be both oppressors and oppressed, Karen is a scissor. Does the word describe a particular type of behavior that resonates because of the particular racial history of the United States? Yes. Is that the only way it is used? No.”
“In a rally in Tulsa, Oklahoma, this past weekend, President Donald Trump used the term “kung flu” to describe the coronavirus, one of several racist statements he made during a wide-ranging speech that touched on his administration’s handling of the pandemic.
“By the way, it’s a disease, without question, [that] has more names than any disease in history,” Trump said at the time. “I can name kung flu, I can name 19 different versions of names.”
Since then, Trump’s press secretary Kayleigh McEnany has gone on to defend his use of the term. And Senate Majority Leader Mitch McConnell has been noncommittal: When asked how he and his wife, Transportation Secretary Elaine Chao, felt about Trump’s remarks, McConnell declined to say whether he was comfortable with the president’s rhetoric, instead suggesting that the question should be directed to Chao, who immigrated from Taiwan to the US as a child.
McEnany’s defense of Trump is the same flimsy one he’s been using ever since he began calling the coronavirus the “Chinese virus:” She argued that such names simply associate the illness with its “place of origin,” an effort that even if conducted in good faith goes against World Health Organization guidelines that warn against promoting labels that could stigmatize an entire region.
“The president does not believe it’s offensive to note that the virus came from China,” McEnany said during a briefing on Monday.”
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“Trump’s decision to lean into racist rhetoric — including terminology his own adviser, Kellyanne Conway, has condemned in the past — comes as Asian Americans continue to report hate incidents such as verbal abuse, physical assault, and property damage during the pandemic. As the coronavirus spread around the world, tropes that treat Asians as perpetual foreigners have also resurfaced, fueling racist and hostile anti-Asian sentiment.
Stop AAPI Hate, an organization that’s been tracking self-reported hostile anti-Asian incidents since late March, says it’s received more than 2,100 reports since the project began. Such incidents have included instances of employees getting shunned in the workplace, families being spat on at fast food restaurants, and children getting beaten up by their classmates. The group says it saw a surge in reports after Trump began using rhetoric like the “Chinese virus” and noted that many “anti-China” comments were frequently associated with verbal and physical assaults.
“A White male walked by me and said, ‘you f—king Chinese spread the Coronavirus to this country, you should all leave this country!’” one incident report read.
“A woman sitting at a bus stop was screaming at myself and other Asians that she saw walking,” read another. “She said that we were ‘dirty Chinese,’ that we were trying to take over the US.”
Researchers, too, emphasize that Trump’s rhetoric has mattered in the past: An NBC News report by Kimmy Yam points to a February study, which determined that Trump’s racist comments against Latino Americans “emboldened” others who held similar views to express them.
Trump’s continued use of racist statements about the coronavirus — ultimately trying to deflect blame by pointing out it is foreign-born — comes as he struggles to deal with the fallout of his own handling of the pandemic: Most recently he came under fire for saying he intends to slow down coronavirus testing because doing so would reveal the presence of fewer cases.
“President Trump continues to utilize white supremacist and nationalist views as a means of scapegoating his failures for political gain,” said Manjusha Kulkarni, executive director of the Asian Pacific Policy and Planning Council, in a statement. “Unless we hold him accountable, the discrimination and harassment against Asian Americans will become deeply entrenched, cause unimaginable harm and suffering, and take decades to unwind.””
“During a national crisis, so many people feel moved to give, and that’s great. But it’s best if we don’t all heap money on the same charity. After a certain point, a nonprofit runs out of “room for more funding,” meaning it has enough money to fund all of the work it’s good at doing, so more donations may not be used effectively.”
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“It’s also worthwhile to think hard about which causes are being neglected. If bail funds suddenly become hot, do more research into adjacent or underlying issues. Donating to a group that advocates for ending the cash bail system altogether (as MFF does) might actually become a more appealing option. That’s a broader, more systemic change than bailing out a few dozen protesters right now, but it may well do more good in the long term.”
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“MFF plans to apply this long-game thinking to its work going forward. It’ll use its $30 million to push for systemic change, including abolishing money bail and overhauling immigration detention. That was always its mission, stated on its website for all to see. The complaint among some donors that this mission isn’t what they signed up for highlights, more than anything, the importance of doing due diligence before donating and adopting a rigorous approach to giving.”
“As the Court’s lead opinion pointed out, non-unanimous juries are a practice rooted in white supremacy.
One justice took umbrage with that invocation of racism: Justice Samuel Alito. His dissent was the latest in a string of opinions bristling at the idea that racism still shapes many policymakers’ decisions today, and that the legacy of past racism still affects people of color. In the most noteworthy of those opinions, 2018’s Abbott v. Perez, Alito convinced a majority of his colleagues to write such a strong presumption of white racial innocence into the law governing racial voter discrimination that it is now virtually impossible for voting rights plaintiffs to prove that state lawmakers acted with racist intent.
Alito does not appear driven by broad skepticism of racial issues. While he has repeatedly lashed out at the mere suggestion that white policymakers may have been motivated by racism, he took a drastically different tone in Ricci v. DeStefano (2009). In that case, Alito wrote a lengthy concurring opinion suggesting that a cohort of mostly white firefighters were denied promotions due to a conspiracy between New Haven Mayor John DeStefano and a local black preacher.
In other words, when black or brown people have been on the receiving end of allegedly racist treatment, Alito preaches that we shouldn’t jump to such conclusions; yet in a case where white people were allegedly harmed, he wasn’t so cautious.
With his Ramos opinion, Alito continues to build a distinctive profile as a jurist: He has emerged as the Court’s foremost defender of white racial innocence.”
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“Gorsuch offered a brief history of how the practice of allowing non-unanimous juries to decide a defendant’s fate is rooted in white supremacy. The delegates who drafted Louisiana’s 1898 constitution, Gorsuch argues, “sought to undermine African-American participation on juries” by allowing juries to resolve cases in a 10 to 2 verdict (the idea was that only a small number of black jurors were likely to serve on the jury in the first place).
Gorsuch also argues that Oregon’s use of non-unanimous juries “can be similarly traced to the rise of the Ku Klux Klan and efforts to dilute ‘the influence of racial, ethnic, and religious minorities on Oregon juries.’
Gorsuch’s decision to invoke this dark history produced a livid response from Alito. “To add insult to injury, the Court tars Louisiana and Oregon with the charge of racism for permitting nonunanimous verdicts,” Alito writes in the introduction to his dissent. He adds that “too much public discourse today is sullied by ad hominem rhetoric, that is, attempts to discredit an argument not by proving that it is unsound but by attacking the character or motives of the argument’s proponents,” and accuses the majority of his colleagues of engaging in such rhetoric.
Alito goes on to make a fair point. Though Louisiana and Oregon may have originally permitted non-unanimous jury verdicts to advance white supremacy, “both States readopted their rules under different circumstances in later years.” Louisiana, for example, originally provided for non-unanimous juries at an 1898 constitutional convention dominated by white supremacists. But the state “adopted a new, narrower rule” at a new constitutional convention in 1974.”
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“Alito’s Ramos dissent also fits into a broader pattern. In multiple cases, including cases where there is clear evidence that modern-day lawmakers acted with invidious racial intentions, Alito treats the mere suggestion that anti-black or anti-brown racism may still play a role in policymaking with contempt.”
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“Chief Justice John Roberts. Roberts’s race opinions are animated by his belief that any legal acknowledgment of race is odious, regardless of whether the purpose of a race-conscious law is to foster white supremacy or to tear it down. “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race,” Roberts famously wrote in an opinion arguing that two race-conscious plans to desegregate public schools were unconstitutional.
Roberts’s form of color-blindness is often actively hostile to civil rights laws. Hence his decision in that school segregation case, and his later decision in Shelby County v. Holder (2013), which struck down much of the Voting Rights Act.”
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“yet, there is daylight between Roberts and Alito. Though Roberts joined Alito’s opinion in Ramos, he did not join Alito’s Ricci concurrence.
nd Roberts broke rather sharply with Alito in a recent dispute about whether the Trump administration could add a question to the 2020 census form that would have discouraged many immigrants from participating in the census. Department of Commerce v. New York (2019) involved the Trump administration’s attempt to add a question to the 2020 census form asking whether each respondent is a US citizen.
The idea of adding a citizenship question to the main census form is opposed by prominent census experts in both parties. As top Census officials from the Reagan and Bush I administration warned, adding such a question “could seriously jeopardize the accuracy of the census,” because “people who are undocumented immigrants may either avoid the census altogether or deliberately misreport themselves as legal residents.”
The Trump administration made the implausible claim that it added this question to help enforce the Voting Rights Act — a statute this administration has shown little interest in enforcing. But, while the New York case was pending before the Supreme Court, leaked documents revealed that the administration may have had a very different motive. A late Republican strategist, Thomas Hofeller, who urged the Trump administration to include a citizenship question on the 2020 Census form, had determined that such a question would ”clearly be a disadvantage to the Democrats” and “advantageous to Republicans and Non-Hispanic Whites.”
In any event, a 5-4 Supreme Court struck down the citizenship question, with Roberts coming very close to accusing the Trump administration of lying. The claim that a citizenship question was needed to enforce the Voting Right Act, Roberts concluded, “rested on a pretextual basis.”
Alito began his dissent with characteristic anger at the idea that anyone would dare accuse the Trump administration of racism. In a preview of the sort of rhetoric he later deployed in his Ramos dissent, Alito wrote that “it is a sign of our time that the inclusion of a question about citizenship on the census has become a subject of bitter public controversy and has led to today’s regrettable decision” in the opening paragraph of his New York dissent. For Alito, it was fundamentally wrong to attack “the decision to place such a question on the 2020 census questionnaire … as racist.”
No other justice joined Alito’s dissent.”
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“The greatest triumph of Alito’s efforts to write white innocence into the law came in Abbott v. Perez, where Alito wrote the majority opinion.”
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” In 2011, Texas’s Republican-controlled legislature drew congressional maps that, as a federal court eventually determined, included some districts that were illegally racially gerrymandered. These maps never took effect, in large part because a different federal court determined that they violated the Voting Rights Act.
That left Texas in a bind. In early 2012, the state still had no lawful maps that it could use in its upcoming congressional elections, and the state’s primaries for these congressional races were just a few months away.
As a stopgap measure, a federal court in Texas drew interim maps that the state could use in its 2012 elections. Many of the districts in these hastily drawn interim maps closely resembled the racially gerrymandered districts drawn by the Texas legislature in 2011. The court, moreover, emphasized that “this interim map is not a final ruling on the merits of any claims” that some parts of the map were illegal racial gerrymanders.
The court, in other words, would allow Texas to use imperfect maps for one election only, given the risk that Texas would not be able to hold an election otherwise. But the court was also equally clear that it might strike down some of the state’s racially gerrymandered districts at a later date.
Nevertheless, in 2013, the Texas legislature passed a new law ratifying these interim maps as its own — including the districts that were still being challenged as racial gerrymanders. And Alito’s Perez opinion held that this new law reenacting the racial gerrymanders should be upheld.
“The primary question” in Perez, according to Alito, “is whether the Texas court erred when it required the State to show that the 2013 Legislature somehow purged the ‘taint’ that the court attributed to the defunct and never-used plans enacted by a prior legislature in 2011.”
According to Alito, courts must apply a strong presumption that lawmakers did not act with racist intent — even under the unusual facts that existed in the Perez case. “Whenever a challenger claims that a state law was enacted with discriminatory intent,” Alito wrote, “the burden of proof lies with the challenger, not the State.”
Having laid out this standard, Alito then swiftly absolved the Texas legislature of any racial guilt. “The only direct evidence brought to our attention suggests that the 2013 Legislature’s intent was legitimate,” Alito wrote in Perez. “It wanted to bring the litigation about the State’s districting plans to an end as expeditiously as possible.”
Alito’s argument, in other words, is that the 2013 maps weren’t enacted to preserve a racial gerrymander; they were enacted to shut down litigation challenging a racial gerrymander. And this distinction is sufficient to cleanse the state legislature of any allegation of racism.
It’s as if the school districts on the losing end of Brown v Board of Education (1954) had passed a new law recreating the same racially segregated schools that were challenged in the Brown litigation, but claimed that these segregated schools should be upheld because the new law had a legitimate purpose — to bring the litigation challenging public school segregation to an end as expeditiously as possible.”
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“The common thread animating Alito’s opinions in Ramos, New York, and Perez is that he views allegations of racial animus with extreme skepticism.”
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“Alito’s opinion in Ricci v. DeStefano.
Ricci was a difficult case involving the exam that New Haven, Connecticut used to determine which firefighters would be eligible for promotion to lieutenant or captain. The 2003 exam produced significant racial disparities. As Justice Ruth Bader Ginsburg laid out in her Ricci dissent, “the pass rate for African-American candidates was about one-half the rate for Caucasian candidates” on the lieutenant exam, and the “pass rate for Hispanic candidates was even lower.” On the captain exam, “both African-American and Hispanic candidates passed at about half the rate of their Caucasian counterparts.”
These results led to allegations that the test itself was racially biased, and the city eventually decided to disregard the examinations. After a cohort of firefighters who performed well on the exam sued, the Supreme Court voted 5-4 to reinstate the tests.
Alito joined the majority, but he also wrote a separate concurring opinion suggesting that the city decided to discard the exams, not because of a good-faith concern that the tests’ disparate impact on racial minorities arose from a flaw in the test, but because of a conspiracy involving the mayor and a prominent local black activist. Alito’s concurring opinion describes, at length, the relationship between then-Mayor John DeStefano and the Reverend Boise Kimber, whom Alito described as “a politically powerful New Haven pastor and a self-professed ‘kingmaker.’”
Alito quotes DeStefano’s former campaign manager, who described Kimber as “very good at organizing people and putting together field operations, as a result of his ties to labor, his prominence in the religious community and his long-standing commitment to roots,” and Alito also claims that “Rev. Kimber adamantly opposed certification of the test results—a fact that he or someone in the Mayor’s office eventually conveyed to the Mayor.”
The implication of Alito’s opinion, in other words, is that the tests were scuttled due to a corrupt bargain between the city mayor and a local black activist that DeStefano needed to turn out votes.
Alito’s concurrence hedges a bit. His ultimate conclusion is that “a reasonable jury” could conclude that the city tossed out the exams due to pressure from Kimber. But Alito’s Ricci opinion shows none of the caution — and certainly none of the anger — that Alito musters when someone suggests that a white policymaker might have been motivated by racism against people of color.
Alito raises his allegations of a racially motivated conspiracy, moreover, despite the fact that there is considerable reason to reject this theory of why the city tossed out the tests. Among other things, as Ginsburg points out in her dissent, “the decision against certification of the exams was made neither by Kimber nor by the mayor and his staff.” Rather, “the relevant decision was made by the [New Haven Civil Service Board], an unelected, politically insulated body.””
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“if there were plausible reasons to suspect that invidious racial motives played a role in Ricci, there was far more reason to suspect such motives in Abbott v. Perez. Both cases required judges who were, at the very least, open to the possibility that racial animus tainted the government’s decisions.