Please articulate a scenario that bisects them, then.
And no, your "solely due to" vs "contributing factor to" does not satisfy this. The quoted text (from Whren v United States) is extremely clear: race cannot be a consideration.
No, the quoted text does not mean what you claim it does. The English words "based on" do not work that way.
> Comments should get more thoughtful and substantive, not less, as a topic gets more divisive.
Therefore I am done here, as well.
> it's well-established that race cannot be a consideration in the application of law.
You seem to think these statements are equivalent. They are not.
"Kavanaugh a few weeks prior" is perfectly consistent, as explained in the other post I linked.