ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal Commentary Blogs -> Discriminations

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal Commentary

: Discriminations

Is Taxing Tanning Salons Discriminatory?

ADVERTISEMENTS

On Thursday the Washington Post reported on a controversy over the 10% tax on tanning salons included in the Obamacare health care care bill. (According to CNN, that tax is expected to raise $2.7 billion over 10 years.) ?Since patrons of tanning salons are almost exclusively white,? the critics allege, ?the tax will be almost entirely paid by white people and, therefore, violates their constitutional right to equal protection under the law.?

Acting like sunscreen, Washington Post staff writer N.C. Aizenman tries to shield the tax from that argument, and brings in a Harvard law professor to apply the screen.

But does the argument have any merit? Not remotely said Randall Kennedy, a professor at Harvard Law School specializing in racial conflict and law.
Kennedy?s argument?
?There is no constitutional problem at all, because a plaintiff would have to show that the government intended to disadvantage a particular group, not simply that the group is disadvantaged in effect,? he said.

Kennedy said that this is why courts have upheld a raft of other laws that also happen to have a disproportionate impact on particular groups. For example, laws that impose higher penalties for possession or trafficking of crack cocaine as opposed to powder cocaine resulted in far harsher sentences for African Americans compared to whites. And laws that offer preferential treatment for veterans are much more likely to benefit men than women. But in both cases judges ruled that, because lawmakers did not intend to disadvantage black people or women when drafting those laws, they are legal.

But if it is necessary to prove intent, then there is no such thing as disparate impact discrimination, or at least that no disparate impact claim would survive in court.

I have commented before on some of Randall Kennedy?s confusing and even ?inscrutable? views about discrimination (see here and here), and his rather extreme defense of the tanning tax seems to be another example. Would he offer the same defense, I wonder, for taxes on, say, on kosher food or black hair care products?

I wish he were right about the necessity of always proving intent, but I?m afraid he isn?t.

Full post as published by Discriminations on July 10, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0022 secs (from cache 11/03/26 01:58:57)