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While a law may have discriminatory or racist effects—such as diluting the Black vote in a city and rendering those votes essentially meaningless—this does not necessarily mean it was created with malicious intentions. The Supreme Court says that we should assume good faith and not presume that some laws are enacted with racist motives... Sure...

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5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh provides editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Comments

Violence Zack

'Trump's defied the lower courts, but he hasn't defied a supreme court ruling!' Yeah. He only threatened to impeach his own nominee for failing to blindly smash the Yes button for the conservative agenda, but that's not problematic at all 🤦‍♂️

Patreonarchy

We’re only a few years away from the Roberts Court saying there is no case unless a racial slur is in the legislative record.

Erin

In this episode Michael used “Synecdoche” and “bug a boo” so fluently that I believe he says both regularly.

Sarah

Thank you Peter, I feel seen in the opening bit! My office does March Madness every year and I lose immediately every year. Two years ago, my coworker who knows nothing about basketball (not that I know anything either) won, so I know that it’s not that my coworkers know more about it. I think I’m just cursed.

Rachel Raspberry

OMG I’m from Mobile and I’ve never heard about this

Nicole Luciano

Thanks to Michael for saying “sniffing his own farts” because people in my life think I invented that phrase 😂

Subodh Kafle

I think Marshall's dissent is correct here. We, as sceptical observers, can reasonably conclude that the intention was racism even without the smoking gun letter. But I think judges should maintain the presumption of innocence. Even still as Marshall outlines, when the outcome is so blatantly racist, courts should be empowered to strike this down regardless of intent.

Valerie

I listened to a bunch of episodes while on the road for a few days, so this might not be the right episode. I wonder if it's possible to expand on the exchange about the current constitutional crisis and when it started in a future podcast. The exchange that it started with Bush v Gore or Reconstruction was thought provoking.