Serwer's piece documents the Trump administration's explicitly race-based statements about Haitian immigrants, including claims they all have AIDS, eat household pets, are genetically predisposed to crime, and are poisoning the blood of the country. Samuel Alito's majority opinion declined to repeat any of those statements, substituting his own race-neutral explanations for what they might have meant instead. Justice Elena Kagan's dissent noted that the evidence was plain to see in statements the majority and even Trump's own lawyers could not bring themselves to repeat.

The article brings in legal scholars including Guy-Uriel Charles of Harvard Law, who describes the ruling as setting up an impossible burden for plaintiffs, Anderson Francois of Georgetown, who notes that the administration now needs only a plausible pretext to discriminate while Black plaintiffs need proof no amount of evidence will satisfy, and Melissa Murray of NYU, who calls this a colorblind constitution the architects of Jim Crow would love. Serwer also traces Alito's selective application of intent, showing he is perfectly willing to read racial motive into policies when white people could be perceived as the victims, as in his 2009 Ricci v. DeStefano opinion, but refuses to do so here.

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