Some Democrats are trying to sneak through legislative amendments that would, by overturning a number of Supreme Court decisions, both codify and expand disparate-impact causes of action under Title VI of the 1964 Civil Rights Act (regarding race and ethnicity) and Title IX of the Education Amendments of 1972 (regarding sex). The effort has been made for the National Defense Authorization Act and is also being made for the Servicemen’s Protection Act — and, no doubt, will be tried elsewhere, too, so Hill staff need to keep their eyes peeled. These bills would be disastrous, since the disparate-impact approach to civil-rights enforcement guarantees quotas and legal challenges to a wide variety of perfectly legitimate policies that happen to have politically incorrect statistical results (e.g., being able to speak English, not having a criminal record, doing well on a physical or written test, etc.). Read more about it here and here.
by Roger Clegg