The Supreme Court Still Doesn’t Know How to Talk About Race

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“All the talk about the Klan, etc., is entirely out of place,” Alito wrote.

, the Supreme Court held on Monday that states must rely on unanimous juries to obtain criminal convictions. The opinion reveals different divisions among the justices, including about when to adhere to the court’s prior opinions. But perhaps the most revealing division was about how and when to talk about racial bias in law.

For the dissenters, the act of pointing out the rule’s unmistakable racist origins—of accusing the state of being racist—was worse than the sordid, racist history itself.

 

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