Samuel Alito
Judge / Justice
Suppose the child never visited the United States while growing up and was inculcated with hatred of this country.
The Court's interpretation is not only contrary to the original meaning of the Fourteenth Amendment, it produces grotesque results.
And we have rejected the proposition that the Constitution permits an individual to be treated differently based on a 'perception that members of the same racial group — regardless of their age, education, economic status, or the community…
We have said that our ’Constitution is color-blind. ’ It ‘almost never’ allows government actors to treat persons differently based on their race.
Under the test, officers will need to quickly assess a person’s race, and if officers and courts must craft special rules for black persons, what about dark-skinned Latinos, other Latinos, and members of other minority groups?
It is dangerous to allow an individual to be treated differently based on statistics, studies, or expert testimony that purports to show that members of the racial or ethnic group to which he belongs are more likely to act in a certain way…
Today’s decision will have very little value if district courts award relief to broadly defined classes without following ‘Rule 23’s procedural protections’ for class certification.