As an African-American, I shudder to think where this Court would stand on rulings that had a direct impact on my life. Poll tax and literacy tests for voters in Southern states? Applied equally? No problem. Despite the wholesale disenfranchisement of low income and minority voters; systemic discrimination okay. Desegregation in education? Kenneth Clark’s landmark use of social data would not have swayed the ruling; separate but equal may have stood. Desegregation in public commerce? The rights of business owners to decide what customers they chose to serve can not be infringed; democracy would be irreparably damamged. Employment and housing discrimination? Private marketplace decisions can not be reviewed, and there is no injury without proof or intent of harm. Affirmative action? Fails to pass the color-blind test.
And going back to slavery– rather than providing for freedom,”restrictions” or “seizure” must not be applied to “property”–slavery would have been further deregulated . . .