Why California’s racial privacy initiative is unconstitutional

Erwin Chemerinsky, writing for CNN, on Why California's racial privacy initiative is unconstitutional:

While the initiative includes a laundry list of exceptions, it nevertheless is an extraordinarily broad prohibition on collection of an important type of information. The proposed initiative is based on the assumption that ignorance is better than knowledge.

The so-called Racial Privacy Initiative is a disaster from a policy standpoint — interfering with the government's ability to track race and ethnicity-based hate crimes, and to gather data about the numerous medical conditions that disproportionately effect particular racial or ethnic groups. (The Initiative has an exemption for "medical research subjects and patients," but not for epidemiological studies.)

This one is for the legal eagles on the list to tackle. The professor's arguments are obviously bunk, but perhaps an op-ed challenging this garbage, written from a legal perspective is in order. This entry also posted on Topica – Proposition 54 and Yahoo! Groups – OneDropRule.

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