Robin Vander Wall
It is a thing that requires vigilance and forbearance. The Court unanimously ruled for desegregated schools in 1954. How many years did it take to desegregate schools? I graduated from a public college in South Carolina that didn’t graduate it first African American student until 1971. And are public schools fully desegregated even now? So, yes, the struggle must continue even long after the Court finds its way to our side of the legal arguments.
There are a number of academic lawyer types who believe that the test created in Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963) must be revisited and perhaps even replaced by a new test for civil regulatory schemes that will prevent states from adopting civil regulatory policies that become subterfuges (policies that have punitive effects and are extra-juridical because they’re enacted by legislative fiat). We can only wait and watch at this point.