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Joined 1 year ago
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Cake day: June 13th, 2023

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  • Right. The various Civil Rights Acts in establishing proteted classes in placed of public accommodation and associated case law created a standard whereby there does not need to be, for example, an explicit “No blacks!” sign out front. A demonstrated pattern of refusing to serve black customers was sufficient to run afoul of the laws.

    In fact, the discriminatory effect doesn’t even need to be intentional. If the end result of a policy results in a discriminatory result, it too is a violation of the law. For instance, where I grew up down south, whenever you went indoors you took your hat off. It’s respectful and such. Imagine a dining establishment that turned this custom into a steadfast rule – no one is seated while wearing a hat. Seems reasonable right? Everyone is treated the same! Until you refuse to serve a Sikh customer because they refuse to remove their turban. Now you’re discriminating against someone because of their religion, and there’s no overarching reason (safety, health, etc.) that a person can’t eat and wear a turban at the same time.




  • There’s a fun thing about the US court system.

    The only thing mandated by the US Constitution is the existence of a Supreme Court, and that justices of that Supreme Court “hold their offices during good behavior” (fancy speak for “lifetime appointments”).

    The size of the court, the entire federal system of lower courts, the circuits, appeals courts, the whole thing is decided on by Congress. Congress literally passes legislation that dictates what the Court systems look like.

    If Congress wanted, it could obliterate every federal court in the country, and every single federal crime would need to be tried by the Supreme Court.

    Should one party with a majority wish it and have the political will, that party could expand the Supreme Court by any number of seats. Of course, it would immediately trigger an arms race as control of Congress flipped around, more and more seats would be added (or removed) until the legitimacy of the Court was in shambles.

    But then, we’re already at “shambles” aren’t we. Might as well dillute the power of those 9 un-elected individuals by a factor of 50 or so.