The sheer unadulterated racism from the past is horrifying and sickening. Sure, we still have work to do, but I'm glad we've come so far in the last few decades.
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It's not a matter of capability, it's purely a factual matter. It's not up for debate black Americans would be disproportionality affected, and as such you can easily argue the policy has racist intentions. What some black Americans say, and what some politicians say, does not matter.