The Slaughterhouse doctrine still shields race-veiled discrimination today

Evidence

None of the four Slaughterhouse dissenters objected to the most far-reaching part of Justice Miller’s majority opinion: “We doubt very much whether any action of a state not directed by way of discrimination against the negroes as a class, or on account of their race, will ever come within the purview of this provision.” To this day, the Supreme Court still uses Miller’s doctrine to shield private and race-veiled discriminators, those who veil policies intended to discriminate against Black people by not using racial language. — Ibram X. Kendi, Stamped from the Beginning, 675

Categorization

• XREF: This is the origin point Kendi later traces to modern colorblind constitutional doctrine; connects to the scheme’s three positions and how ‘not using racial language’ becomes the veil for policy-driven discrimination.
• QUESTION: Worth chasing: which specific modern cases still turn on this ‘not directed by way of discrimination against negroes’ language? Miller’s doubt became a standing doctrine of colorblind neutrality.