During a discussion on immigration law and Arizona’s SB1070 at the ACS 2010 National Conference, Professor Jack Chin gave a major shout-out to my frequent co-author and Harlan Institute co-director, Ilya Shapiro. Here is a quasi-transcript:
Ilya Shapiro of the Cato Institute is only person who got it right. SB1070 explicitly authorizes and maybe requires racial profiling. It says police cannot consider race, color, or national origin, except as permitted by US or Arizona constitution. Ninth Circuit precedents dictate that racial profiling in certain cases is constitutional. SB1070 is first statute that textually authorizes racial profiling.
Props to Ilya. He should have been on this panel. Would have given it a tad more balance.