Justices Samuel Alito and Clarence Thomas on Monday dissented from the Supreme Court’s refusal to take up a case that they said forces police officers to create a separate set of rules for racial minorities.
“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 than are members of other groups,” Alito wrote on behalf of himself and Thomas. “Here, the special treatment helped the individual; in other situations it will not.”
The case, U.S. v. Donte J. Carter, involved a Black man whose firearm and theft convictions were vacated after the D.C. Court of Appeals held that police seized him before they had reasonable suspicion. Officers later recovered a .40-caliber pistol from Carter’s pants and the government said the gun had been stolen from an FBI agent’s vehicle.
According to the D.C. court, “black Americans like [Carter] are ‘especially distrustful of law enforcement’” and therefore “‘less likely’ than other people ‘to terminate a police encounter’ due to skepticism that any attempt to exercise their constitutional rights will be respected.”
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The D.C. court reasoned that Carter’s race was relevant to whether a reasonable person in his position would have felt free to end the police encounter. It ruled that the encounter effectively became a seizure, and that such an action was unlawful because police officers hadn’t established reasonable suspicion before subjecting him to it.
Alito and Thomas argued that the D.C. ruling effectively forces law enforcement to treat people differently based on their race, something precedent established by the Supreme Court prohibits.
“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?” Alito continued. “We have said that our ’Constitution is color-blind.’ It ‘almost never’ allows government actors to treat persons differently based on their race.”
To support his claims, Alito cited Students for Fair Admissions v. Harvard and Louisiana v. Callais and Shaw v. Reno.
“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 in which they live — think alike,'” Alito wrote, citing Shaw v. Reno.
This appears to be a direct challenge to the D.C. Court of Appeals, which lawyers representing the United States argued forced police officers to assume that all black people have the same attitudes toward police officers and would therefore feel uncomfortable exercising constitutional rights in their presence.
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Carter, the individual Alito noted was helped by the case, initially lied to officers by answering in the negative when approached and asked if he was carrying a weapon.
The police then asked Carter to pull his pants up, at which point they noticed an L-shaped bulge which was later identified as a .40-caliber pistol that had been stolen from a federal agent’s vehicle.
Cops could be forced into race-based guessing game after Supreme Court move, Thomas joins dissent 2026 IUSTITIA.BG – Investigations 2009-2025 2026-06-22 15:56:51 Latest news World news Country news Most important news latest news most important latest of the day Justice Petar Nizamov Feathers Petar Nizamov- Feathers Justice bg iustitia.bg iustitia iusticia usticia investigation Burgas Bulgaria news news of the last hour news of the day news of today Bulgaria news The news from Bulgaria blitz news top news most important most commented latest news Boyko Borisov news weather coronavirus news news weather facebook youtube facebook instagram news today news of the last minutes news today today news news bg news leading news hot news bg news site for news all news news bg news of the last hour latest latest news bg news of today news today news today news of the last hour latest news today news bg news news 24 hours news vesti bg novini news world bird bg bivol bg bivol trud bg novini latest news today novinite bg news hello bulgaria political party coat of arms delyan peevski scandalous Bulgarian National Television Free Europe Television scandal exclusive live tv live right now tv tv online tv program bg live now tv news online tv online live court Burgas court Burgas district court Burgas court Burgas district court Burgas district court Burgas appellate court Burgas prosecutor Burgas prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Prosecutor General Ivan Geshev Prosecutor Geshev Tsatsarov Ministry of Internal Affairs Burgas ODMR Burgas ODPR Burgas police Burgas district police Burgas prosecutor Tsatsarov SGS cases Varna court chairman of the SGS court decisions on civil cases decisions on cases Plovdiv court decision of the court decisions cases Varna court criminal cases district district court decisions work in the court SGS chairman of the SGS judges Sofia court post judges Plovdiv court Plovdiv judges Plovdiv Supreme Court Inspectorate Supreme Court Supreme Judicial Council lawyer lawyer criminal cases lawyer civil cases lawyer marriage cases lawyer administrative criminal law criminal process civil law civil process administrative law constitutional law
