I think its important for the courts to recognize that any law or official government motion can potentially be a form of regulation, depending on how it is used/set up. Once this is realized, the courts could probably not be as quick to approve proposals like the one mentioned on page 1938 before having considered the possibly regulatory effects of it.

Frightening word choice; I remember in my Holocaust and Human Behavior class this being one of the most-used words by the Nazis to describe the Jewish people during/before the Holocaust. Any time a group of people are classified as "undesirables", it becomes so easy for the community outside of them to treat them as lesser and work to exclude them from society.

This is an interesting point that I had never really thought of as something that could be a form of exclusionary urban design. Yet, thinking about it, I do see how this could disproportionately affect people of color in that it allows less travel for those without more expensive means of transport (cars) and reduces community connectivity.