The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: May 10, 1886
5/10/1886: Yick Wo v. Hopkins decided.
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Josh, didn't watch your video but hope you mentioned the two big facts
1) Plessy was whiter than Wayne Newton.
2_Governent created the racism it was itself addressing. Plessy had 1 of 8 great-grandparents who was 'Black" so he was legally 'Black'
He had to tell the conductor that he is legally Black so he could get arrested
So Plessy should be called the Total Lawyer Failure
Yick Wo another huge lawyer fail.
I recently saw the amazing legal overreach on a similar case
"It takes 1,500 hours of training in Louisiana to get a cosmetology license"
Libertarians just ignore their dearest convictions:
"“Licensure,” Friedman wrote in his influential 1962 book Capitalism and Freedom, “frequently establishes essentially the medieval guild kind of regulation in which the state assigns power to members of the profession. … Any one of these measures, whether it be registration, certification or licensure, almost inevitably becomes a tool in the hands of a special producer group to obtain a monopoly position at the expense of the rest of the public.“
"
Yick Wo has multiple important aspects.
Universality of 14A (including as to "aliens")
These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality, and the equal protection of the laws is a pledge of the protection of equal laws.
Importance of Voting Rights
fundamental political right, because preservative of all rights
Effects Can Override Alleged Legit Purpose
Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
And, overall, courts have a role in determining this.