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Yes, I agree, but the 14th amendment requires some kind of asymmetry in order to have effect. To violate equal-protection, something has to be unequal.


"To violate equal-protection, something has to be unequal."

Like, say, incarceration rates.


Not sure I get your meaning here. People who break the law are incarcerated more than people who don't break the law. That's not an equal protection violation.


I was speaking of racial disparities in incarceration rates for marijuana possession, despite no similar disparity in usage rates.

http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/04/t...


That seems to be missing a comparison with dealing rates - aren't arrests mostly targeting dealers rather than users?




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