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“Our cases make it unquestionably clear

Trump Administration Cites Segregation

buy canada goose jacket cheap WASHINGTON In a brief defending its ban on citizens from six Muslim majority countries, President Donald Trump’s Justice Department approvingly cited a segregation era Supreme Court decision that allowed Jackson, Mississippi, to close public pools rather than integrate them. buy canada goose jacket cheap

In the early 1960s, courts ordered Jackson to desegregate its public parks, which included five swimming pools. Instead, the city decided to close the pools. Black residents of canada goose jacket outlet uk Jackson sued. But in 1971, the Supreme Court, in a 5 4 decision, decided that closing the pools rather than integrating them was just fine.

The dissents, even at the time, were furious. “May a State in order to avoid integration of the races abolish all of its public schools?” Justice William O. Douglas asked in his dissent.

Canada Goose Jackets “I had thought official policies forbidding or discouraging joint use of canada goose outlet website legit public facilities by Negroes and whites were at war with the Equal Protection Clause” canada goose outlet trillium parka black of the Fourteenth Amendment, Justice Byron White wrote in another dissent. “Our cases make it unquestionably clear, as all of us agree, that a city or State may not enforce such a canada goose outlet london policy by maintaining officially separate facilities for the two races. It is also my view, but apparently not that of the majority, that a State may not have an official stance against desegregating public facilities and implement it by closing those facilities in response to a desegregation order.” Canada Goose Jackets

canada goose coats on sale The ruling in Palmer v. Thompson didn’t explicitly uphold segregation. But it did call for courts to avoid investigating the constitutionality of officials’ motivations. canada goose coats on sale

cheap Canada Goose “It is difficult or impossible for any court to determine the ‘sole’ or ‘dominant’ motivation behind the choices of a group of legislators,” the majority opinion said. “Furthermore, there is an element of futility in a judicial attempt to invalidate a law because of the bad motives of its supporters.” cheap Canada Goose

Canada Goose Parka The Trump canada goose jacket uk administration emphasizes this in its citation of the case, arguing that looking into “governmental purpose outside the operative terms of governmental action and official pronouncements” is “fraught with practical ‘pitfalls’ and ‘hazards’ that would make courts’ canada goose sale uk task ‘extremely difficult.'” Canada Goose Parka

canada goose store But in some cases, such as the closure of the Jackson pools, officials’ motivations are clear, said Paul Brest, the director canada goose outlet near me of Stanford University’s Law and Policy Lab. canada goose store

“When it is absolutely clear that an official acted for unconstitutional purposes [the courts] should be willing to strike down that decision because, even though the decision might have been reached legitimately, canada goose outlet ontario a public official violates the constitution when he or she acts for unconstitutional reasons,” Brest said. “It’s as simple as that. Race discrimination is the best canada goose factory outlet vancouver example of where courts are quite willing to take people’s motivations into account or religious discrimination.”

Canada Goose sale Palmer is one of the worst Supreme Court decisions ever handed down in canada goose clothing uk regards to race, said Michele Goodwin, the chancellor’s professor of law at the University of California, Irvine. Canada Goose sale

“Citing Palmer is like citing Buck v. Bell for a premise of equal protection,” Goodwin says. (Buck v. Bell legalized eugenics.) She added that a case like Palmer also doesn’t hold up over time.

canada goose clearance “[Palmer] doesn’t represent our view of how law, how people, how society [and] how equality has evolved in the United States,” she said. “To cite a case that, in and of itself, coheres ideas about inequality and explicit racism in spaces where racism could mean the end of someone’s life, then one would really have to question why a president would cite such a case given how much it’s been refuted.” canada goose clearance

Canada Goose online John Paul Schnapper Casteras, a special counsel at the NAACP Legal Defense Fund, wrote in a Sunday blog postthat it’s “stunning” to see the Department of Justice approvingly cite a case that “at best allowed pretextual measures for avoiding racial integration and, goose outlet canada more realistically, facilitated segregation by turning a blind eye to what was clearly going on in the City of Jackson.” Canada Goose online

canada goose clearance sale Justice Department lawyers know exactly what they’re doing citing different doctrines canada goose outlet miami in an attempt to thwart any reason to examine what Trump on the campaign trail “said, very canada goose outlet unambiguously, was to ban Muslims from coming into the country,” he told HuffPost. canada goose clearance sale

“This is less about national security and more about them trying to find any way to insulate the motivation behind this order. Sometimes they invoke national security cases,” Schnapper Casteras said. “In this case, they invoked a case about segregation.”

canada goose black friday sale A Justice Department spokesman declined to comment. canada goose black friday sale

canada goose coats But there’s a clear reason why the Trump administration canada goose outlet washington dc doesn’t want the courts to consider potential motivations for Trump’s revised travel ban: The idea that the president’s intent was to discriminate against Muslims has come up in prior rulings against his executive order. and has spoken canada goose outlet toronto address disparagingly of refugees. He and the White House say the travel executive orders are not the same as a Muslim ban, but opponents canada goose womens outlet say his past statements show they likely had the same motivation. for 90 days. (An earlier executive order had https://www.canadagoosetomall.com included Iraq.) It also bans all refugees for 120 days and cuts total refugee resettlement numbers for the year by more than half of the previous cap. The order was blocked in the courts before implementation. canada goose coats

Canada Goose Outlet Pools have a history as a racial flashpoint. In the 1960s, “so unacceptable through almost all of the South was the idea of blacks canada goose outlet store uk and whites swimming together that even the Gulf of Mexico canada goose outlet new york city was off limits to blacks in some areas,” The New York Times reported in 2006. Canada Goose Outlet

canada goose White racial anxiety about swimming was common in the North, too. “Water fueled white racism,” Marta Gutman, a professor at the City College of New York, wrote in a 2008 paper. canada goose

buy canada goose jacket “The practice of bathing had expanded to include swimming for exercise, but water retained the longstanding symbolic link with purity,” Gutman wrote. “Swimming pools became places where those seen as impure or polluted would be excluded (even though water had to be sanitized in order to be pure). When pressed to integrate, white operators protested pools would have to be emptied, scrubbed clean and relled with canada goose outlet online reviews fresh water after black children swam in them.” buy canada goose jacket

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