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Does New 10% Tanning Tax Discriminate Against Whites?

A lawyer asks whether the new 10% tanning tax included in the health care bill unconstitutionally discriminates against whites:

I [have] a question about the intersection of taxation and civil rights law. It strikes me that the health care bill which requires that indoor tanning salons will charge customers a 10% tax beginning in July will necessarily only impact tanning salon customers. I have never been to a tanning salon, but since their purpose is to turn light skin darker, I can only assume that the overwhelming majority, if not totality, of customers are white. Does Adarand apply to taxation decision as it does to spending decisions like the Section 8(a) program, but what about taxing decisions?


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