#discriminatory

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Is Congress even allowed to specify what can be counted as evidence of discriminatory intent, and if not, what gives the Supreme Court the right to do so? Is it really the Constitution that requires the Court's strict evidentiary requirements?

Reddit r/supremecourt·u/qlube·about 1 month ago

#evidence #court #discriminatory #intent #supreme #article

Like, what is the originalist justification for the Supreme Court to say, "this sort of evidence isn't enough to prove intent"? I would've thought that should be up to a fact-finder to decide, not an appellate court.…

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Is Congress even allowed to specify what can be counted as evidence of discriminatory intent, and if not, what gives the Supreme Court the right to do so? Is it really the Constitution that requires the Court's strict evidentiary requirements?