Even proven discriminatory intent is defeatable when lawmakers assert a race-neutral legislative purpose

Evidence

That’s not even the whole story. Even if I could show evidence of a discriminatory purpose, all Congress has to do to counter my claim is to show that it would have taken the same action without the discriminatory motivation—arguing that the laws were intended to help the majority of taxpayers, not to hurt black taxpayers specifically. If that argument were accepted (as it likely would be, given the current composition of the Supreme Court), any evidence of past discrimination would be insufficient to support a remedy. — Dorothy A. Brown, The Whiteness of Wealth, 552