Equality Before the Law Does Not Mean Equality of Subjective Feelings
Summary
Wanjirun Joya argues that equality before the law does not equate to equality of subjective feelings, critiquing the modern interpretation of the 14th Amendment as a mandate for social inclusion. The episode contrasts Justice Harlan’s dissent in Plessy v. Ferguson with the majority view, asserting that while state-enforced segregation is wrong, state-enforced integration equally violates freedom of association. Joya contends that legislation cannot eradicate racial instincts or guarantee that citizens feel socially equal, noting that attempts to appease grievances often exacerbate them. Ult…
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