Posted on 02/20/2019 6:46:53 AM PST by SleeperCatcher
In what would be one of the Trump administration’s most far-reaching moves regarding race relations, top White House officials are planning a sharp pullback from federal efforts to correct imbalances in outcomes for minorities in everything from housing to hiring. On the table: a ban on the use of a controversial numbers-focused racial-bias theory known as “disparate impact.”
Federal regulators and lobbyists familiar with the change say the White House management and budget office is reviewing a proposed executive order, originally drafted by two conservative Washington think tanks, that would prohibit the use of “the disparate-impact approach in the enforcement or application of any civil-rights law.”
A catalyst for the move is White House budget director Mick Mulvaney, who is currently also serving as interim White House chief of staff and who, while serving in Congress, was a longtime critic of disparate impact. It is not clear whether President Trump has decided to issue the executive order, which would repudiate the underlying rationale for scores of regulations and thousands of government lawsuits alleging racial discrimination, resulting in billions of dollars in fines. Doing away with it would engender fierce opposition from Democrats.
(Excerpt) Read more at thenationalsentinel.com ...
THIS is what “racial justice” looks like. God Bless Donald J. Trump.
Equality of result = socialism!
He bloody well SHOULD issue it. Sooner rather than later
which would repudiate the underlying rationale for scores of regulations and thousands of government lawsuits alleging racial discrimination, resulting in billions of dollars in fines. Doing away with it would engender fierce opposition from Democrats.
Opposition from demonicRATs is a reliable indicator that a policy is good.
Will there be an Ivanka veto of this?
Forcing outcomes on the basis of skin color is the very epitome of racism.
YES!! More WINNING!
I love this guy Trump. More courage than even Reagan.
Ever notice how the left always seems to come up with these psychotherapist, focus group vetted smarmy sounding titles for their Marxist ideas?
It is the essence of tyranny.
As though the President doesn’t have enough on his plate, he goes and kicks a hornet’s nest.
Forcing the hiring of the less talented is an increase in production costs rarely examined. How many billions (trillions) has it cost the economy/people?
Obama created the “disparate impact” argument and tried to put it into law, in two ways, without getting any legislative foundation for it in federal law.
The direct way was by inserting the logic into regulations. That DJT can mitigate with executive authority.
The second way was in the arguments they made, and the settlements they obtained, in “discrimination” lawsuits they filed with localities on issues such as housing, criminal justice and education.
The second way is not a process they invented. The U.S. Department of Justice has without any mandate in the Constitution or law been writing new federal law, all by itself, through the process of settlements it obtains in lawsuits it files on dozens of subjects.
The process has these elements. First - a law has some gray area where Congress did not do its job, did not make the law transparently clear - yet the DOJ is pursuing a defendant using that area of the law. Second - a reasonable person could read the requirements in the law in more than one way, but the DOJ will argue only it’s interpretation can be “correct”. Third - the DOJ then depends on the fact that they can keep a defendant in court forever if necessary, expecting to never get to a conclusion of an actual court trial before the defendant, for financial reasons, will consent to give up and make a settlement. Fourth - that settlement, in that area of law, then becomes “the law” that any other possible future defendant can expect.
Knowing that that is the process, the Obama administration used the “disparate impact” argument as their “legal” argument in various lawsuits it obtained settlements on, entering that concept as part of the “compelling government interest” into “law” as made by the DOJ settlement process.
Civilians can now enter court, in discrimination lawsuits, on that same kind of argument and they will find judges who will rule using the legal arguments from the DOJ lawsuits.
It will take more than an executive order to clean “disparate impact” out of the legal system.
Meaning that if a culture is more prone to drunkenness than other (Irish verse Asian) then it would be unjust if a higher % of the former were arrested for drunk driving than another. But it would be racist to require equal arrests. Would they apply this to sports?
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