A race-targeted subsidy would fail Supreme Court review absent shown discriminatory intent.

Evidence

This isn’t likely to be upheld by the Supreme Court, however. Why? When it comes to allowing race-based remedies, the Supreme Court requires evidence of discriminatory intent as well as discriminatory impact. It wouldn’t matter that the government caused the problem by discriminating against the very racial group that would benefit from this new tax subsidy, as long as the federal government can claim that it didn’t intend these tax policies to be discriminatory. — Dorothy A. Brown, Getting to Reparations, 1296

Categorization

• QUESTION: This is the pivotal legal vulnerability in Brown’s plan — the reader must be able to state and answer the intent-vs-impact objection.