Some time back I used to give evidence in Federal district court on employment discrimination cases. It all revolves around a doctrine called "disparate impact".
I believe Title Vii of the Civil Rights act is immoral and unconstitutional. I believe governments have no business interfering in private business decisions. Competitive markets will erode discriminatory behavior just fine.
But regarding public institutions, this is a different matter. The government has no right to spend taxpayer money discriminating in employment by any criterion other than merit. For the longest time this was used to root out vestiges of anti-black and anti-Hispanic discrimination in the public sector. So, it is quite ironic to now see government institutions, like public schools, discriminate against whites and Asians and argue that this is legal and moral. By the same token, using "non-racial" criteria that have a disparate racial impact is illegal.
It may take a while, but, hopefully, these discriminators will be brought to account in the courts - including prominently the Supreme Court.
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