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Let me share a passage from the dissent in a Supreme court case known as Plessy v Furguson. The majority of the court had just ruled that it was OK to force blacks to use seperate railcars from whites. Not only that, but it was OK for for the government to force railway companies to have such a rule. With this backdrop Justice Harlan spoke in dissent, arguing for true equality under the law. In the screed for justice, he wrote:
Thats right folks. There was a period of us history where even your pro equality arguments were steeped in racism
More to the point. Even if you (for some reason) set asside the hole issue of slavery; there is still the whole Jim Crow era, where we litterally codified rasism into law.