President Trump has struck a devastating blow at the legal theory that drives most of the race-centric litigation in the country. In his executive order entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum degree possible,” Trump orders the full weight of the federal government directed toward eradicating and what is essentially the racist contention that Black men and women are at a disadvantage when a race-neutral standard is used.
“Disparate impact” is a great example of how legislative authority devolved into an unelected bureaucracy making up rules to please interest groups with no reasonable basis in law.
The Civil Rights Act banned discrimination “because of” race, sex, and other prohibited characteristics. That language was written,…
