It's astonishing that Roberts cannot come right out and be a staunch defender for basic human values: voting rights, due process, privacy. It should have gone something like this:
Q: Can the government incarcerate someone simply because of their race, ethnicity or religion?
Roberts: Well, I'd be kinda sorta surprised if someone could make a really good argument for that.
Q: Do you mean that you'd be surprised but you'd accept an argument for incarcerating someone for, say, simply being black?
Roberts: I'd be surprised but, you know, someone like me could really make a wowza argument and, you know, I could see Scalia, Thomas and, you know, me accepting it as Constitutional.
Q: It would be Constitutional to incarcerate someone just because they're black?
Roberts: Well, you know, if they made a good enough argument for it.
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