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

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  •  You are simply wrong (0+ / 0-)

    The court did NOT rule on the 14th amendment and did not question Congress's power. From Kennedy's majority opinion:

    "In light of our ruling under the statutes, we need not reach the question whether respondents’ actions may have violated the Equal Protection Clause."

    The Court has repeatedly rules that Title VII (as well as properly crafted affirmative action programs) DO NOT violate the equal protection clause of the Fourteenth Amendment.

    •  Exactly (0+ / 0-)

      Properly crafted being the operative clause.
      I didn't say the court ruled that title VII violated the EPC or that affirmative action was unconstitutional.  
      I am saying that the message of the court is that affirmative action policies cannot be reverse engineered to achieve a desired result after the fact.  
      Every conceivable effort was made to insure that the tests were fair, and especially, race neutral.  Nobody complained about the nature of the tests before the results were known. Still, nobody is saying the tests were skewed.  The only issue is that the results were not as desired, so "something" must be wrong with them, and therefore the city must not risk a lawsuit from an activist race preferential community persona.

      All the court did that was new was to rule that some implied threat of a discrimination lawsuit by an activist isn't enough of a reason to undo a legally administered procedure such as a test or qualification exam unless there is clear evidence that the procedure was flawed.  In this case it was thoroughly vetted.  What else should they have done?

      Ostriches have survived for a long time. So can you.

      by Tom 11 on Thu Jul 02, 2009 at 08:53:15 AM PDT

      [ Parent ]

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