Federalist Society Conference and ‘Disparate Impact’

by Roger Clegg

I just got back from attending the panel discussion on “disparate impact” civil-rights actions at the Federalist Society’s conference today on executive-branch overreach – and through the magic of the Internet you too can watch it, here.

The panel, which was moderated by New York Times Supreme Court correspondent Adam Liptak, included the two conservative members of the U.S. Commission on Civil Rights, Gail Heriot and Pete Kirsanow; also on the panel (and from the other side of the aisle) was law professor Ted Shaw, who has just accepted a position at UNC–Chapel Hill.

The whole panel was interesting, but I especially enjoyed the discussion that ensued after Mr. Liptak posed to the panel the problem of getting any disparate-impact cases resolved by the Supreme Court, in light of the Left’s strenuous efforts to “disappear” them.  That discussion starts at about the 42-minute mark (with a follow-up question by me at about the 49-minute mark).

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