How would requiring proof of intent reshape civil rights enforcement?
Core argument: The Trump administration's potential rollback of the disparate impact principle, which identifies discrimination by outcomes rather than intent, could alter enforcement of federal voting rights, employment statutes, and the Fair Housing Act.
The Trump administration's potential rollback of the disparate impact principle could significantly alter civil rights enforcement, impacting federal voting rights, employment statutes, and the Fair Housing Act. Disparate impact allows discrimination to be identified based on outcomes rather than intent, crucial for addressing systemic biases. The administration's actions, such as the Education Department's removal of school discipline guidelines, suggest a shift towards requiring proof of intentional discrimination. This could undermine decades of progress in civil rights, as disparate impact has been pivotal in recognizing subtle and systemic discrimination. The Treasury Department's 2017 assertion that disparate impact assessments could disrupt the insurance industry further highlights the economic implications of these potential changes. As Justice Kennedy's 2015 decision supporting disparate impact faces scrutiny under a more conservative Supreme Court, the future of this critical civil rights tool remains uncertain.






Ed Comment:I would skip this. It’s a bit too complex. Why doesn’t he just calculate how much an increase to 70% in the top bracket would raise today relative to today’s deficits? it’s too complex to say but as best as I can eyeball it: under the pre tax-cut tax regime, if we raised the entire top bracket to 70%, it would raise about $150B in 2018 relative to a 2017 pre tax-cut deficit of about $665B? / ] x $9B x. Whose gunna understand that?