[estearum]

Please articulate a scenario that bisects them, then.

And no, your "solely due to" vs "contributing factor to" does not satisfy this. The quoted text (from Whren v United States) is extremely clear: race cannot be a consideration.

[zahlman]

No, the quoted text does not mean what you claim it does. The English words "based on" do not work that way.

> Comments should get more thoughtful and substantive, not less, as a topic gets more divisive.

Therefore I am done here, as well.

[lovich]

I followed your thread and can’t think of a situation where one case was satisfied and not the other.

Can you give us an example where the two statements are meaningfully different?