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View Diary: Ricci and the Death of Disparate Impact Analysis (26 comments)

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  •  Reverse discrimination & disparate impact (0+ / 0-)

    weren't before the court, so it'd be weird to read his opinion in that light.  

    As noted, the statute is facially race neutral.  If it were as you describe, it'd be unconstitutional.

    We are building a team that is continuously being built. - Sarah Palin

    by burrow owl on Wed Jul 01, 2009 at 04:11:22 PM PDT

    [ Parent ]

    •  Not a single Supreme Court justice agrees... (1+ / 0-)
      Recommended by:
      MsGrin

      ...with you. Read the opinion. Kennedy and every other justice, in both the majority and minority opinions, agree that Title VII permits claims for disparate impact. There 's nothing unconstitutional about it.

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