It’s hard to think of a famous Supreme Court plaintiff with whom former President Donald Trump has less in common than Lee Yick, a Chinese immigrant who was convicted of operating an unlicensed laundry in late-19th-century San Francisco. Yick sued, arguing that San Francisco’s pattern of denying permits to virtually every Chinese applicant while granting them to virtually every white applicant violated the Equal Protection Clause of the Constitution’s 14th Amendment.
This is why, for instance, it is exceedingly difficult to prove racial profiling claims. To establish that a police officer only gives speeding tickets to Black motorists, for example, a plaintiff would have to provide evidence of the officer not pulling over other non-Black motorists engaged in the same behavior. The plaintiff would have to prove a negative. Applying that high standard to the Mar-a-Lago case is quick work.
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