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Whren v. United States
5-4
The Fourth Amendment and Racist Stereotyping in Public Policy
"There's no rule that you have to whitewash reality or literally ignore reality when you're making decisions about what the Constitution means," he says. "Instead of just rubber stamping ever increasing police power, say it, say racialized policing is state sanctioned racism and the Constitution doesn't allow it." The court with Scalia on it made equal protection claims against police nearly impossible to prove we covered McCleskey, which is maybe the best example of this basically holding that statistics showing discrimination are not permissible as evidence of equal protection violations".
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