The following excerpt is from Vill. of Freeport v. Barrella, 814 F.3d 594 (2nd Cir. 2016):
12 Such confusion has been enduring. See McCleskey v. Kemp,481 U.S. 279, 316 n. 39, 107 S.Ct. 1756, 95 L.Ed.2d 262 (1987) ("[I]n our heterogeneous society the lower courts have found the boundaries of race and ethnicity increasingly difficult to determine.").
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