Separately, the court’s decision is simply not administrable. When Washington courts rule against those criminal suspects because they are Caucasian, they will certainly maintain that racial discrimination has no business in our criminal justice system. But presumably, there are Caucasian criminal suspects who will be stopped by police, and they will argue that they were unreasonably seized.
Of course, Sum is unlikely to appeal his unequal treatment based on race, since he benefitted from the unequal treatment. Instead, the Washington court simply pretended it does not exist. Justice Yu did not even mention the word “equal,” or refer to the Equal Protection Clause in her decision. The Tenth Circuit pointed out that there could never be a “uniform way to apply a reasonable test that adequately accounts for racial differences,” because there is “no uniform life experience for persons of color.” In an opinion by the Tenth Circuit Court of Appeals - based in Denver - that court emphatically held that it would be improper to inject the criminal process with racial considerations. It also stands in stark contrast to how federal courts have ruled. And Justice Yu’s decision directly contravenes the principles of equality that were enshrined in the Constitution. Indeed, from the opinion, it seems like anyone from a racial demographic other than Caucasian is entitled to make this argument.īut our Constitution contains another guarantee: equal protection of the laws.
Therefore, Justice Yu insisted, that her decision was necessary because of “recent developments in this court’s historical treatment of the rights of BIPOC, and the current implications of our decision.” Justice Yu did not distinguish Asian Americans from members of other races or list the racial demographic groups who now get to argue that their race must be taken into account by judges. Justice Yu announced, without relying on any specific studies, that “it is well known that BIPOC is wrongfully subject to excessive police scrutiny” and this “is certainly common enough to establish that race and ethnicity have at least some relevance to the question of whether a person was seized.”
#GEORGE NOT FOUND SKIN SKIN#
In any event, the rest of Justice Yu’s opinion leaves no doubt that she is creating differential standards to evaluate law enforcement based on the skin color of a criminal suspect.
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