[apparent]

> The Supreme Court, nine white guys... ignored that finding when overturning the appellate court decision.

Higher courts are allowed to overturn lower courts. That's kind of the whole point of the hierarchy.

But regardless, that case was from 100 years ago. Are you saying that the reason people enact zoning laws now is the same? I love living in a suburb and would be equally displeased whether my neighborhood turned into apt complexes, regardless of the complexion of the residents.

[Schiendelman]

Of course you would. That's why it sticks around, because you get regulatory capture. It's the same reason we don't let a CEO write the rules for regulating their own company's competition. That's another more modern reason why it is unconstitutional, it just hasn't been challenged.

[apparent]

Perhaps I have a different understanding of "regulatory capture" than you do. To me, it means that the regulators are captured by the entities they are supposed to be regulating. It often happens when the main job prospects for people in an industry are either as regulators or in industry. If an oil company offers jobs to policy maker whose boss gets voted out of Congress, they can "capture" the regulators, who won't want to kill their golden ticket.

I'm unclear how this applies to zoning rules voted on by the people who live in an area. There is not an intermediary "zoning regulator" who is capturing anyone. Similarly, there is not a constituency that is being "captured" inappropriately. It is literally just a group of people deciding how they want to live.

If this is regulatory capture, then so is having laws against automatic weapons and speeding.

[Schiendelman]

The harms potentially caused by shooting someone or hitting them with your car at high speed are not the same as someone building something next to you that you find aesthetically displeasing. Can I ask you to step back and think about the fact that you just made that comparison?

[apparent]

You seem to be projecting racism without evidence. I specifically mentioned increased traffic from the construction of apartment complexes in a suburban neighborhood. Surely we can all agree that traffic is a reasonable concern? Other similar concerns would include overburdening schools (in at least the short run, before more can be built) and electrical grids (in areas with brownouts/blackouts).

I don't know why you think that the only reason someone might want their suburban neighborhood to stay suburban is the color of their neighbors' skin; perhaps that says more about you than anything else.

[Schiendelman]

Racist outcomes do not require intent. That's why the Fair Housing Act was written to make discriminatory outcomes illegal, not just intent. And no, I don't think you're racist at all, but the outcomes of the policies you want to keep are racist.

If you're open to some books about this, or study work, I'd be happy to cite. Are you open to changing your mind?

[apparent]

You seem to use the word racist in a different way than I do. What I have learned is that an action can only be racist if there was a race-based intent. It cannot be racist if there was not a race-based intent. For example, if a blind person was unaware that his colleague was Asian, and he hurt the colleague's feelings by referring to his hard work ethic, that is not (to my understanding) a racist remark.

Similarly, a policy is not a racist policy if it disproportionately affects people of one race or another. If that were the case, any policy that increased the share of taxes paid by the poor, or the rich, would be racist (against black people or Indian people). But I believe that any change in tax rates is not intrinsically racist, which is what an outcome/correlation-based definition would require.

You're free to share links, but TBH I think we're speaking different languages here. You've also not answered my point about regulatory capture, which you seem to define in a novel way.