2min chapter

Strict Scrutiny cover image

Limiting the Inevitable Damage

Strict Scrutiny

CHAPTER

Is Race Neutral in Section Two Claims?

Justice Sotomayor pointed out that plaintiffs are not on a winning streak with respect to Section two claims. Only 60% of Section two claims in the last 20 years have been won by plane or excuse me, only 40%. So most of them are, uh, planes are losing. Justice Alito gave the game away when he said race neutral means don't look at community of interest because it's a proxy for race. Regrettably, that is what it is in many situations. That's why Mobile and Baldwin are together. And no matter what they talk about being around the river or not, that has a very little to do with anything other than race.

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