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‘Disparate Impact’ Comes (Back) to the Department of Education


According to stories in the Washington Post and the Wall Street Journal today, the Department of Education is falling in line with the Department of Justice, vilifying the Bush administration for not enforcing the civil-rights laws — but by which it means, apparently, not relying enough on “disparate impact” allegations. And disparate-impact cases are not really discrimination cases at all, in any real-world sense, because they do not allege that a challenged practice is discriminatory by its terms, in its intent, or in its application. All that is alleged is that it leads to politically incorrect racial and ethnic results. So, for instance, the Clinton administration threatened colleges when, in its judgment, they relied too much on standardized admission tests like the SAT. I guess we have more of that kind of nonsense to look forward to. Sheesh.


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