If a hyper-woke municipality passed a "white privilege tax", would the SCOTUS strike it down 9-0?

[they don't love you like i love you]

Obviously disclaimer that I know there is zero chance of this ever happening and the only people who think it could are knuckle-dragging right-wingers who also believe that it's impossible for a white male to win a Democratic primary and the sorts...just gauging what people think the SCOTUS would say about it. And yes this is assuming they take the case too since it's unlikely they would even in this already incredibly unlikely scenario: a lower court would no doubt strike it down and they would just refuse the case and let that decision stand.

But I think yeah, it would totally be a 9-0 decision.

[GM Team Member and Senator WB]

it would be unlikely to make it that far, it'd get struck down by any sane court and fail appeal.

[NewYorkExpress]

I'd rather just see the courts interpret the thirteenth and the civil rights amendments as not applying to whites than this bull crap.

[America Needs a 13-6 Progressive SCOTUS]

Of course it would.

[President Punxsutawney Phil]

Obviously disclaimer that I know there is zero chance of this ever happening and the only people who think it could are knuckle-dragging right-wingers who also believe that it's impossible for a white male to win a Democratic primary and the sorts...just gauging what people think the SCOTUS would say about it. And yes this is assuming they take the case too since it's unlikely they would even in this already incredibly unlikely scenario: a lower court would no doubt strike it down and they would just refuse the case and let that decision stand.

But I think yeah, it would totally be a 9-0 decision.

White males can't win Democratic party nominations. That's why Joe Biden lost the Democratic primary.

[Fuzzy Says: "Abolish NPR!"]

The Devil would be in the details of how this was struck down.  Even an 9-0 vote could result in concurring opinions that could open the door for such ridiculousness in the future. 

[Stand With Israel. Crush Hamas]

Of course, it's a Bill of Attainder, and no matter how "woke" Sotomayor or any future left-wing appointee would be, they would recognize that.

The only x-factor is if a future Soc President was to appoint judges with the explicit intention of subverting the rule of law, but that's highly unlikely.

[Skill and Chance]

Absolutely guaranteed to be at least 8/1.  Toss up as to whether it's 8/1 or 9/0.

[lfromnj]

https://en.wikipedia.org/wiki/Schuette_v._Coalition_to_Defend_Affirmative_Action

Yeah I wouldn't be certain of Sotomayor.

[GregTheGreat657]

If it got that far, yes

[MarkD]

I honestly don't know how Breyer, Sotomayor, and Kagan would react to a case challenging such a tax law. But if they were still around, I'm sure William Brennan and Thurgood Marshall would uphold it with no hesitation at all.

[NewYorkExpress]

I honestly don't know how Breyer, Sotomayor, and Kagan would react to a case challenging such a tax law. But if they were still around, I'm sure William Brennan and Thurgood Marshall would uphold it with no hesitation at all.

I don't think Thurgood Marshall would, as he truly seemed to believe in equality.

Someone like Ketnaji Brown Jackson, on the other hand, might well be a vote in favor of such a ruling should she make it to the court.

[Utah Neolib]

Absolutely, and probably gets knocked down by a local or state court before it gets up there.

[MATTROSE94]

Probably 8-1 with Sonia Sotomayor dissenting.

[David Hume]

I honestly don't know how Breyer, Sotomayor, and Kagan would react to a case challenging such a tax law. But if they were still around, I'm sure William Brennan and Thurgood Marshall would uphold it with no hesitation at all.

I don't think Thurgood Marshall would, as he truly seemed to believe in equality.

Someone like Ketnaji Brown Jackson, on the other hand, might well be a vote in favor of such a ruling should she make it to the court.

Why do you think so? I heard KBJ is relatively moderate.

[NewYorkExpress]

I honestly don't know how Breyer, Sotomayor, and Kagan would react to a case challenging such a tax law. But if they were still around, I'm sure William Brennan and Thurgood Marshall would uphold it with no hesitation at all.

I don't think Thurgood Marshall would, as he truly seemed to believe in equality.

Someone like Ketnaji Brown Jackson, on the other hand, might well be a vote in favor of such a ruling should she make it to the court.

Why do you think so? I heard KBJ is relatively moderate.

She's no more moderate than Sotomayor, and given her background as an African American, I think she's more likely to dissent in a case like this than Sotomayor is (Sotomayor, would probably also dissent in this scenario, but I'm not as certain about it).

[David Hume]

I honestly don't know how Breyer, Sotomayor, and Kagan would react to a case challenging such a tax law. But if they were still around, I'm sure William Brennan and Thurgood Marshall would uphold it with no hesitation at all.

I don't think Thurgood Marshall would, as he truly seemed to believe in equality.

Someone like Ketnaji Brown Jackson, on the other hand, might well be a vote in favor of such a ruling should she make it to the court.

Why do you think so? I heard KBJ is relatively moderate.

She's no more moderate than Sotomayor, and given her background as an African American, I think she's more likely to dissent in a case like this than Sotomayor is (Sotomayor, would probably also dissent in this scenario, but I'm not as certain about it).

Any reason to believe so other than she's black? Thomas is also black.

[NewYorkExpress]

I honestly don't know how Breyer, Sotomayor, and Kagan would react to a case challenging such a tax law. But if they were still around, I'm sure William Brennan and Thurgood Marshall would uphold it with no hesitation at all.

I don't think Thurgood Marshall would, as he truly seemed to believe in equality.

Someone like Ketnaji Brown Jackson, on the other hand, might well be a vote in favor of such a ruling should she make it to the court.

Why do you think so? I heard KBJ is relatively moderate.

She's no more moderate than Sotomayor, and given her background as an African American, I think she's more likely to dissent in a case like this than Sotomayor is (Sotomayor, would probably also dissent in this scenario, but I'm not as certain about it).

Any reason to believe so other than she's black? Thomas is also black.

Thomas is also very unlikely to sign on to this, not because of his race, given his prior record on voting rights and affirmative action.

[Torie]

Come up with a more carefully crafted structure that does the same thing, and the question will be more interesting. Everyone who is a person of color is entitled to a tax credit for past wrongs, unless someone contests it.

[David Hume]

Come up with a more carefully crafted structure that does the same thing, and the question will be more interesting. Everyone who is a person of color is entitled to a tax credit for past wrongs, unless someone contests it.

This is still racial discrimination by definition, will be strike down by at least 6-3, probably 8-1, with Sotomayor be the 1.