After the 2020 presidential election, multiple states passed laws placing additional requirements and restrictions on access to the ballot, including increased voter identification requirements and absentee ballot restrictions. While these laws appeared race-neutral, observers argued that the goal of these laws was to reduce turnout among voters of color, who are more likely to cast their ballot for Democratic candidates. Optimally, laws that intentionally discriminate against populations based on race would fall in face of legal challenges. However, what if members of the public cast votes with racial animus against certain groups? Should there be a remedy to address such behavior and, if so, what should that remedy be? Also, should elected officials who use appeals that denigrate racial groups be held to similar standards as employers who engage in discriminatory behavior toward their employees? These are a few of the central questions that motivate Terry Smith’s discussion in Whitelash:...

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