Callais: We’re not changing the test for discriminatory intent claims.
AL district court: Okay, we find discriminatory intent.
SCOTUS tonight: You misread Callais. We’re reversing you.
A federal panel with two Trump appointees found Alabama's map intentionally discriminated against Black voters. The Supreme Court is now letting the state use it anyway.
So much for Callais being narrow—and for Milligan showing Roberts would defend the Voting Rights Act.
@JonesMarkLB@PrinceHeat44402@AschleighJ@DaphneRHansell@StatisticUrban (Tbc, you can ban access to things like pools. You cannot ban access in general to means of travel, like roads. You also can't ban out-of-state students from universities! Or ban out-of-state businessmen from licenses. Whole bunch of caselaw about that.)
@JonesMarkLB@PrinceHeat44402@AschleighJ@DaphneRHansell@StatisticUrban Again, you're not going to find binding caselaw on this because it's *so* obvious that cities don't try to do it, or they fold immediately when sued to avoid exorbitant legal fees. This isn't hard!
You can charge differential rates, like the Met does. But you can't ban access.
@JonesMarkLB@PrinceHeat44402@AschleighJ@DaphneRHansell@StatisticUrban Yes, I understand that the judge decided it on the statutory issue for constitutional avoidance reasons. There is literally no other case in U.S. history about a residency restriction on a road. Have you asked yourself why? If it's legal, why don't cities do it? Yet no city has.
@JonesMarkLB@PrinceHeat44402@AschleighJ@DaphneRHansell@StatisticUrban Go to law school yourself, or ask Claude idk. It's called the Privileges and Immunities Clause and it prevents local governments from discriminating against nonresidents in fundamental matters like employment, travel, etc.
@AschleighJ@JonesMarkLB@PrinceHeat44402@DaphneRHansell@StatisticUrban No, pools aren't subject to those laws—but they should still be open to the public, and in every other part of country besides New Jersey/Connecticut, they are. Those are just our two most antisocial, selfish states.
@ferpochol@CitizenAmedia Brooklyn and Birmingham are more different than Stuttgart and Lyon. Upstate New York and rural Alabama are *definitely* more different than a village in France and a village in Germany.
@JonesMarkLB@PrinceHeat44402@AschleighJ@DaphneRHansell@StatisticUrban It is actually, definitely, 100% illegal to cut off out-of-state residents from using your local roads. There is a host of doctrine about the right to travel and the fact that states can't prioritize their own residents.