Sowell vs. "Disparate Impact"
Posted by Peter Lawler
Thomas reminds us about that principle’s racist legal history. It’s amazing that the Court almost upheld a policy that had no other justification. There are limits to judicial restraint, and the main point of the Fourteenth Amendment and the Civil Rights Act of 1964 is to root out racism from our law.
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Everyone knows that the 1964 law was explicitly color-blind. Fat lot of good it did us. We have to come to the conclusion that such laws are inherently dangerous and are prone to the "slippery slope" dynamic. What it will take are an increasing numbers of non-protected minorities getting militant about their civil and political rights (like those firefighters did). Sitting on our butts and playing nice won't cut it.