As if it was a tough choice. “Hmm should we rule against this blatant violation of our constitution”. I mean it’s only the second god damn line on the piece of paper.
In a dissenting opinion, Judge Bernice Bouie Donald said she found that the Restaurant Revitalization Fund was a “carefully targeted measure necessitated by an unparalleled pandemic” that would not have caused the plaintiffs irreparable harm.
“It took nearly 200 years for the Supreme Court to firmly establish that our Constitution permits the government to use race-based classifications to remediate past discrimination," Donald wrote. “It took only seven days for the majority to undermine that longstanding and enduring principle.”