I keep thinking about the fact that our current equal protection jurisprudence looks like this:
Bad People: we want to discriminate against…uh, the people most likely to have sickle cell anemia
SCOTUS: well that’s not race, is it?
Bad People: oh no, just strongly correlated with it
SCOTUS: well as long as you don’t SAY the word race it’s fine! 😇
Bad people: I mean that IS why we picked it
SCOTUS: I can’t hear what you’re saying, you’re going through a tunnel
Anyway, we hold that this is constitutional.
