Alito, Thomas Issue Dissent in Supreme Court Decision Linked to Racial Test
Justices Samuel Alito and Clarence Thomas dissented as the court let a race-conscious Fourth Amendment standard remain in place for police stops.
- On Monday, the Supreme Court declined to review United States v. Donte J. Carter, leaving intact a D.C. Court of Appeals ruling that permits courts to factor a defendant's race into the Fourth Amendment "reasonable person" seizure test.
- The case originated from a 2020 Washington, D.C. police encounter where officers approached Donte Carter after hearing gunfire and discovered a stolen firearm. The lower court vacated his convictions, ruling a "reasonable Black man" might perceive police requests differently.
- Justice Samuel Alito, joined by Justice Clarence Thomas, dissented, arguing that injecting race into the "reasonable person" test "contravenes our decisions." They warned that requiring officers to craft special rules for different groups complicates split-second decision-making.
- Alito stated this framework conflicts with a "colorblind" Constitution, creating inconsistent rules that undermine equal application of law. The Court's refusal leaves this race-based standard to persist in the nation's capital pending future jurisdictional splits.
- The decision leaves unresolved broader questions about whether the Constitution's objective framework should account for differing lived experiences in police encounters. The issue may return to the high court if other jurisdictions adopt similar race-conscious legal analyses.
11 Articles
11 Articles
Supreme Court's 'catchy' ruling may signal 'death' of a key right: analysis
On June 2, in an unsigned 6-3 order buried in the Supreme Court's shadow docket, the conservative supermajority quietly did something it had never done before, declaring the Constitution "colorblind." In doing so, Slate legal writer Mark Joseph Stern warned that the court gave a permanent constituti...
Supreme Court move could force police into race-based decisions
Justices Clarence Thomas and Samuel Alito believe the Supreme Court should take up a case that could create separate rules for minorities. Issuing their dissent on the refusal to hear the U.S. v. Donte J. Carter, the pair blasted the potential dangers of treating people differently based on their race. Carter’s firearm and theft-related convictions were vacated after the D.C. Court of Appeals found that police held him before having any reason t…
Supreme Court move could force police into race-based decisions · American Wire News
Justices Clarence Thomas and Samuel Alito believe the Supreme Court should take up a case that could create separate rules for minorities. Issuing their dissent on the refusal to hear the U.S. v. Donte J. Carter, the pair blasted the potential dangers of treating people differently based on their race. Carter’s firearm and theft-related convictions were vacated after the D.C. Court of Appeals found that police held him before having any reason t…
Cops could be forced into race-based guessing game after Supreme Court move, Thomas joins dissent
NEWYou can now listen to Fox News articles! 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 belo…
7-2 STUNNER — Supreme Court Rules on if RACE Decides if Police Can Stop You
The U.S. Supreme Court on Monday declined to hear a key case on Monday in a disappointing move that leaves lower courts free to inject racial politics into policing. In the case, United States v. Donte J. Carter, the Supreme Court allowed a controversial D.C. Court of Appeals ruling to stand. The lower court had ruled that a Black man’s race must factor into whether he was “seized” during a police encounter under the Fourth Amendment, effectivel…
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