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Washington v. Davis, 426 U.S. 229 (1976)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/068-washington-v-davis

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep426/usrep426229/usrep426229.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

Applicants to the District of Columbia's police force had to pass a written test of verbal ability, vocabulary, and reading, known as Test 21. Black applicants failed at roughly four times the rate of white applicants. Two Black applicants who were rejected sued, arguing the test violated equal protection.

Justice White, for a seven-to-two majority, held that a law or policy is not unconstitutional solely because it has a racially disproportionate impact. A plaintiff must show discriminatory purpose. Impact is relevant evidence of purpose, but standing alone it does not trigger strict scrutiny. White also noted that Title Seven's disparate-impact standard, from Griggs versus Duke Power, does not apply to constitutional claims.

Justice Stevens concurred. Justice Brennan, joined by Justice Marshall, dissented. The intent requirement remains a central and contested line in equal protection law.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- Griggs v. Duke Power Co., 401 U.S. 424 (1971) [as printed: Griggs v. Duke Power Co., 401 U. S. 424 (1971); Dissent (Mr. Justice Brennan)] episode

- Strauder v. West Virginia, 100 U.S. 303 (1880) [as printed: Strauder v. West Virginia, 100 U. S. 303 (1880); Opinion of the Court (Mr. Justice White)] episode

- Alexander v. Louisiana, 405 U.S. 625 (1972) [as printed: Alexander v. Louisiana, supra; Opinion of the Court (Mr. Justice White)] (episode link pending)

- Wright v. Rockefeller, 376 U.S. 52 (1964) [as printed: Wright v. Rockefeller, 376 U. S. 52 (1964); Opinion of the Court (Mr. Justice White)] (episode link pending)

- Keyes v. School Dist. No. 1, 413 U.S. 189 (1973) [as printed: Keyes v. School Dist. No. 1, supra; Opinion of the Court (Mr. Justice White)] (episode link pending)

- Jefferson v. Hackney, 406 U.S. 535 (1972) [as printed: Jefferson v. Hackney, supra; Opinion of the Court (Mr. Justice White)] (episode link pending)

- Yick Wo v. Hopkins, 118 U.S. 356 (1886) [as printed: Yick Wo v. Hopkins, 118 U. S. 356; Concurrence (Mr. Justice Stevens)] episode

- Hill v. Texas, 316 U.S. 400 (1942) at 404 [as printed: Hill v. Texas, 316 U. S. 400, 404 (1942); Opinion of the Court (Mr. Justice White)] (episode link pending)

- Avery v. Georgia, 345 U.S. 559 (1953) [as printed: Avery v. Georgia, 345 U. S. 559 (1953); Opinion of the Court (Mr. Justice White)] (episode link pending)

- Whitus v. Georgia, 385 U.S. 545 (1967) [as printed: Whitus v. Georgia, 385 U. S. 545 (1967); Opinion of the Court (Mr. Justice White)] (episode link pending)

- McLaughlin v. Florida, 379 U.S. 184 (1964) [as printed: McLaughlin v. Florida, 379 U. S. 184 (1964); Opinion of the Court (Mr. Justice White)] (episode link pending)

(+30 more named aloud; see the website)

Full list of 128 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/068-washington-v-davis