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California's final reparations plan is out. It may have legal issues.
SF Gate ^ | 5/9/2023 | Alec Regimbal

Posted on 05/09/2023 8:45:45 AM PDT by NohSpinZone

After about two years of work, the California Reparations Task Force approved a set of recommendations for how the state can make amends to its Black residents for slavery and the decades of racial discrimination that followed. But the asks are big, and ultimately may never come to fruition.

*SNIP*

These specific recommendations, which also address issues like health disparities and mass incarceration, are not guaranteed to ever go into effect. They’re meant to be used as guidelines for the state Legislature, which would ultimately have the final say in what action California takes on reparations. There’s also the gigantic question of whether any reparations package the state adopts will survive a legal challenge in front of the conservative supermajority on the United States Supreme Court.

*SNIP*

The legal experts who spoke to SFGATE agreed that this is probably the safest route to take — any program that awarded payments to Black residents generally would almost assuredly be struck down under the Equal Protection Clause of the 14th Amendment, they said. However, the current strategy is far from foolproof.

David B. Cruz — a law professor at the University of Southern California — told SFGATE that the court may view the ancestry requirement as a “proxy” for race, since Black people were the only ones enslaved in the U.S. In other words, the court may determine that the state is trying to give preferential treatment to one race over another, which would violate the Equal Protection Clause.

(Excerpt) Read more at sfgate.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: 14thamendment; blacks; california; reparations; slavery
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Ancestry as proxy for race. That's exactly what this is and everybody including these grifters knows that. I don't even think that this will pass in Sacramento, even with a Democratic supermajority. This is a great way for Dimms to lose Hispanic and Asian voters, not to mention whites.

I'd love for these fools to try to pass this as a ballot measure though.

1 posted on 05/09/2023 8:45:45 AM PDT by NohSpinZone
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To: NohSpinZone

“may”?!


2 posted on 05/09/2023 8:46:52 AM PDT by albie
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To: albie

Right. I doubt even the Ninth Circus lets this stand.


3 posted on 05/09/2023 8:47:51 AM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: NohSpinZone
...residents between 1933 and 1977...

Who knew Commiefornia didn't abolish slavery until 1977?

4 posted on 05/09/2023 8:50:02 AM PDT by ConservaTexan (February 6, 1911/June 14, 1944)
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To: NohSpinZone

If Kali was never a slave state, his can they possibly owe slavery reparations? (not that Confederate states do either, of course)


5 posted on 05/09/2023 8:51:23 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: ConservaTexan

If there are any Californians who are still alive and were actual slaves in the territory or state of California, we can talk.


6 posted on 05/09/2023 8:51:41 AM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: NohSpinZone

The idea behind ‘reparations’ is an attempt to swing the murder demographics solidly into the ‘white-on-black’ category, because that’s precisely the affect it will have.


7 posted on 05/09/2023 8:52:28 AM PDT by SpaceBar
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To: Still Thinking

They can’t but it’s not stopping these grifters. That’s why they’re throwing in all this other nonsense about “redlining” and “over-policing” as being relevant to black slavery. I have no idea how they make this conclusion but these activists can delude themselves of just about anything when it comes to their purported victimhood.


8 posted on 05/09/2023 8:53:38 AM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: NohSpinZone

What years was slavery legal in CA?


9 posted on 05/09/2023 8:54:05 AM PDT by nickcarraway
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To: All

If being in America is so terrible they can take the reparations only after they renounce their citizenship and are exiled out of America forever


10 posted on 05/09/2023 8:54:30 AM PDT by escapefromboston (Peace, commerce and honest friendship with all nations, entangling alliances with none.)
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To: Still Thinking

It was the penumbra of slavery.


11 posted on 05/09/2023 8:54:51 AM PDT by nickcarraway
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To: NohSpinZone

The Libs are counting on this being struck down and then will demonize the Conservative courts for it. I’m certain that was the game plan all along.

The worst thing the Conservative court could do is approve it and up the ante to $10M per person. But then CA would scream for a bailout.


12 posted on 05/09/2023 8:55:04 AM PDT by rbg81
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To: SpaceBar

In this state, I think the outrage will be the most among Hispanics (the majority) and Asians. This will be a terrific wedge issue, much like Proposition 187 was supposedly the reason so many Hispanics decided to be Democrats.


13 posted on 05/09/2023 8:55:34 AM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: NohSpinZone

“”I’d love for these fools to try to pass this as a ballot measure though.””

Good idea - that’s what needs to happen. Participated in a lot of CA elections with propositions on ballots that were defeated by the voters BUT in today’s CA - a big question especially if they allow those not eligible to vote to have a say!! CA really needs cleaning up desperately but we moved 3000 miles away so others will have to clean up their act now and I sincerely wish them GOOD LUCK - the state WAS too great to destroy!!!


14 posted on 05/09/2023 8:56:06 AM PDT by Thank You Rush
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To: nickcarraway

Them penumbras’ll get you every time! XD


15 posted on 05/09/2023 8:56:51 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: NohSpinZone

The only acceptable ‘reparations’ is one-way coach airfare back to Africa with a snack and an Adam Sandler movie.


16 posted on 05/09/2023 8:57:11 AM PDT by SpaceBar
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To: nickcarraway

Never. In fact it’s explicitly outlawed in the state constitution. Not that any of these grifters would know or care to know, but California entering the Union as a free state was part of the Missouri Compromise.


17 posted on 05/09/2023 8:58:01 AM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: ConservaTexan

“Who knew Commiefornia didn’t abolish slavery until 1977?”

Read the article.


18 posted on 05/09/2023 8:58:24 AM PDT by TexasGator
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To: SpaceBar

As long as it’s not Happy Gilmore or The Waterboy. Those were funny.


19 posted on 05/09/2023 8:58:36 AM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: NohSpinZone

Bull S^^T! Blacks were not the only ones enslaved in the US.
Read some REAL history for a change. There were thousands of indentured servants sent to the colonies and this continued throughout the time up to the civil war, all were white.

These people were effectively slaves and owned by another person. Their indenture could be sold to another person at any time, and many were owned by black people. (Read some real history!)

There are many recorded cases were an owner “misplaced” the indenture paperwork. When that happened that indentured servant was a slave for the rest of their lives.


20 posted on 05/09/2023 9:01:10 AM PDT by Agatsu77
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