April 5, 2018 at 7:06 pm
#38330

WC_TN
The argument that would be proffered against Buchanan v. Warley, 245 U.S. 60 (1917) would be that these people hadn’t committed any crimes. They were being discriminated against based solely on the color of their skin. The courts would look at the criminal record of the offenders filing suit and would say that status as a convict is not a protected class covered by anti-discrimination laws.