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Colonel Hogan
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"Disparate impact" in various forms and by other names has been a feature of civil rights law for nearly half a century.
Court supervised school busing for racial desegregation has been imposed on school districts where only a handful of schools were deemed "racially identifiable" even when that identity was the result of housing patterns exercised by free choice and economic factors.
Formulas by which state and local jurisdictions might be required to submit proposed voting law changes to the federal government for "preclearance" under the Voting Rights Act of 1965 had, by 1975, been based on the mere existence of "low minority voter registration" irrespective of any showing of discrimination by state officials. It was that presumptive guilt which the Supreme Court recently struck down in the 2013 case of Shelby County v. Holder.
These are only two of the most glaring examples. I suspect we would find that "disparate impact" is alive and well in other state and federal legislative acts if we looked hard enough.
Court supervised school busing for racial desegregation has been imposed on school districts where only a handful of schools were deemed "racially identifiable" even when that identity was the result of housing patterns exercised by free choice and economic factors.
Formulas by which state and local jurisdictions might be required to submit proposed voting law changes to the federal government for "preclearance" under the Voting Rights Act of 1965 had, by 1975, been based on the mere existence of "low minority voter registration" irrespective of any showing of discrimination by state officials. It was that presumptive guilt which the Supreme Court recently struck down in the 2013 case of Shelby County v. Holder.
These are only two of the most glaring examples. I suspect we would find that "disparate impact" is alive and well in other state and federal legislative acts if we looked hard enough.
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