As for American common-law judges, unlike German “legal scientists” such as Lösener they showed no sign of concern about the conceptual incoherence of their racist decisions. Where Lösener insisted that criminalization was at best problematic in the absence of a scientifically defensible definition of a “Jew,” American common-law judges, as Freisler approvingly noted, simply improvised their conceptions of “coloreds” as they went along. That was the racist America that commanded the respect of radical Nazi lawyers: it was an America where politics was comparatively unencumbered by law.
