Raising Consciousness About The Color of Law
CounterPunch
Trump’s three executive orders on policing, the large number of state legislatures dominated by Republicans, the pro-policing and pro-business attitude of the current administration, and the constant and growing spontaneous demonstrations protesting Trump all combine to produce an atmosphere in which many powerful interests have a stake in suppressing mass dissent.
As Justice Kennedy writes: “Yet the law responds to proper evidence and valid inferences in ever-changing circumstances, as it learns more about ways in which its commands are circumvented.” This is a strong signal to lower courts not to apply prior cases formalistically or mechanically, but to ferret out unconstitutional racial gerrymanders that take ever-evolving form.
There is a lesson in the past fifty years of litigation. When the fight for equal rights for women narrowed to a fight for reproductive rights, defended on the ground of privacy, it weakened. But when the fight for gay rights became a fight for same-sex marriage, asserted on the ground of equality, it got stronger and stronger.
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