Legislative Retaliation against University Speech
tbwolff at UCDAVIS.EDU
Sun Apr 7 21:29:20 PDT 2002
Well, yes and no. It's pretty clear that black citizens suffered a
disparate impact from the closing of the pools in Palmer (since most
or all private pools were closed to them). Part of the holding of
Palmer appears to be that a State's withholding of non-compulsory
services does not constitute an "impact" for equal protection
purposes, even when the result is to remand a group to a
disadvantageous status quo ante.
But, this thread has continued for a long time, and I doubt this is a
productive line of inquiry in present times.
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