[hunter112]

The whole "disproportionate effect" theory is nothing but muddled Warren Court thinking. It's true that it still infects parts of the Executive branch (all those EEOC organizations, and their ilk founded in the 1960's) but as we just saw recently, we have a new Supreme Court, that says that racism is what it is intended to be, not the result of unintended consequences.

As long as a law is race-neutral on its face, John Roberts will make sure that it is upheld, without regard to the fact that it appears to hit one group more than another.

[rudy45]

I don’t even think the “disproportionate effect” idea is even valid any more, after Washington v. Davis. USSC said in that case that even though a police officer test had a disproportionate negative effect on black candidates, the test was OK because it was “facially neutral” or something like that.