Hans Bader reports in Liberty Unyielding that Vermont is distributing its vaccines first to certain races while holding them back for others. He writes:
Vermont is giving racial minorities and their families a preference in access to the COVID-19 vaccine. As the state’s governor explained on Twitter, “If you or anyone in your household identifies as Black, Indigenous, or a person of color (BIPOC), including anyone with Abenaki or other First Nations heritage, all household members who are 16 years or older can sign up to get a vaccine!”
This is unconstitutional. The Supreme Court has ruled that preferences for racial minorities are presumptively unconstitutional, and that even if minority groups have faced “societal discrimination,” that is not a reason to give them a preference. (See Richmond v. J.A. Croson Co. (1989)).
Read more here.
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