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Antonin Scalia
Discrimination is discrimination even if it's not intentional
Discrimination is discrimination even if it's not intentional

In an ideal America, it might be appropriate for the law to concern itself only with racial discrimination that is overt, conscious and deliberate. In the real America of entrenched racial inequality, Congress and the courts rightly have recognized that it's also necessary to address policies that have the effect of marginalizing minorities even if that isn't the intention. But long-standing efforts to combat subtler examples of discrimination are in danger of being undermined by a Supreme Court that sometimes has seemed oblivious to the persistence of racism and inequality. On Wednesday, the justices were urged by lawyers for the Texas Department of Housing and Community Affairs...

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