Nearly every day of the Trump II presidency provides another indisputable example of the White nationalism that fuels MAGA. The most recent example is the Justice Department’s elimination of its “disparate impact” regulations: As Politico has reported, “The Justice Department on Tuesday moved to end long-standing civil rights policies that prohibit local governments and organizations that receive federal funding from maintaining policies that disproportionately harm people of color,”
So what, you might ask, is “disparate impact”?
Disparate impact is a term describing practices that are facially neutral—in other words, practices or laws that do not explicitly discriminate—but that fall more harshly on a minority or disfavored group and can’t be justified by business or governmental necessity.
Let’s say a rural county has a rule that, in order to become a licensed carpenter–one of the better jobs in that county– someone must be a high school graduate and weigh at least 180 pounds. Neutral, right? Except that in that county, Blacks are less likely to have completed high school, and women are far less likely to weigh at least 180 pounds. Proponents of the rule defend it by explaining that carpenters must be able to read plans and must be able to pick up at least 40 pounds of lumber.
Rather obviously, the rules mandating high school graduation and 180 pounds are ill-suited (at best) to ensure applicants will meet those goals. If that was really the (entirely appropriate) reason for imposing restrictions, applicants for licensure would be tested to see if they could read plans and asked to demonstrate their ability to heft the required pounds of lumber. Even if the discriminatory impact of the rules wasn’t due to intentional discrimination, their impact was clearly discriminatory.
Allegations of intentional discrimination can be hard to prove. In my made-up example (based on an old case), absent probative evidence that the people creating the rules had intended to make it difficult for women and Black folks to become carpenters, a lawsuit alleging discrimination would fail. The ability to base one’s case on a demonstration of the real-world effects of such rules, and the existence of reasonable alternatives better suited to the purported goals, would be far more likely to succeed.
Which is why our racist and misogynist administration wants to go back to a time when it was necessary to prove intent.
The Department of Justice made the change in order to comply with one of Trump’s numerous executive orders. In an April Order, he explicitly called for an end to disparate-impact liability for discrimination and ordered federal agencies to stop enforcement of anti-discrimination laws based on disparate impact theories.
The disparate impact rule has been in effect for over fifty years. It was based upon Title VII of the Civil Rights Act of 1964, and was firmly established in 1971, in the case of Griggs v. Duke Power Co. Duke Power–the employer– required applicants to have a high school diploma and to take aptitude tests for certain jobs, requirements that were demonstrably not job-related and that disproportionately excluded Black applicants. The Supreme Court in that case held that Title VII “proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation.”
The Justice Department on Tuesday moved to end long-standing civil rights policies that prohibit local governments and organizations that receive federal funding from maintaining policies that disproportionately harm people of color.
Repealing the government’s 50-year-old “disparate impact” standards will make it harder to challenge potential bias in housing, criminal law, employment, environmental regulations and other policy areas.
Making it harder to challenge discrimination–making it easier to keep those “Others” in subservient positions– is both the basis of Trump’s support and the over-riding purpose of this profoundly unAmerican administration.
I’d say “for shame!” if the horrible people in this administration were capable of feeling anything akin to shame–or even embarrassment.
Every day another disgusting vapor escapes from the sewer that is the DOJ.
Meanwhile, the orange psychopath announced that we actually bombed another sovereign nation’s port for alleged drug loading. When will the international courts finally take the measure of this madman and disavow any dealings with this administration? Clearly, it is a criminal enterprise with goals known only to themselves.
Trump is our Hitler and the world just sloughed the latter off … for a while. As his brain continues to rot, he will enter (if he hasn’t already) the most dangerous (to the world) phase of his psychopathy. Who would want to wait and see what those danger entail before taking action? Clearly, our feeble-minded and gutless Congress and the fundamentally corrupt SCOTUS see nothing wrong with this creature destroying our country from within as well as on the outside.
Why is that? Are these the leaders we deserve from low voter turnout? Guess so.
Americans get the government they deserve.
This discrimination law smells like Stephen Miller, the self-proclaimed white supremacist (Nazi). I think he’s running for the Grand Dragon position. And, when in hell are the Democrats going to arrest Pam Bondi and Todd Blanche???
Vern, don’t forget that Trump just bragged about killing a bunch of ISIS members in Northwest Nigeria for harming “his beautiful Christians.” According to reports, they dropped bombs in an area that had no people – it was barren. It reminds me of all the “destruction” we did to Iran’s nuclear facilities. LOL And, much of ISIS is controlled by the CIA-Mossad.
I know Washington is mainly a performative shit show, but at least act like you’re the opposition party. Stop writing “strongly worded” letters and remove these people from their positions, even if the Republicans vote it down. #ACTION
Todd. You demand that Democrats do something they have no legal power to do. Which law enforcement body do you expect them to order to carry out the arrests?
Todd–
You wrote: “According to reports, they dropped bombs in an area that had no people” What reports?
Plus you wrote: “much of ISIS is controlled by the CIA-Mossad” Where did you acquire this knowledge?
It doesn’t take a genius to know that since the end of WWII, the US has been on a progressive path for almost everyone. However, that path was not sustainable because the accounting rules of Capitalism favored upward wealth redistribution.
The most obvious solution was to change the offending accounting rules. Still, the nature of the problem gave government influence in proportion to wealth, so before we solved the problem, the problem itself locked us into it. Eventually, it led to the oligarchy that is so evident today and the Trump Administration.
Now we are locked into whatever the term is for the opposite of progress for four years. Hopefully, we can end this with only a crash landing, not a fatal crash. We will see.
The Florida Bar has had ample opportunities to censure Pam Bondi, but declined to do so.
We do need to be tougher to fight a lawless regime. Where is our Project 2026 to WIN the midterms and strategically undoing all the harm being done? And Project 2027 to act decisively if we win?
Since 1980 the Fascists have funded alternative institutions (Heritage Foundation, Washington Times, Fox News, dozens of patriotic-sounding institutions from Citizens United to the Federalist Society to Right to Work) and trained tens of thousands of activists to take positions across all levels of government, media and political organizations.
It is far easier to disrupt, block and takeover a School Board than it is to build real consensus and make real progress toward a better society.
I would work with an organization dedicated to a serious Project 2027 to identify ways to improve and safeguard our democracy with a small majority in the House and Senate. What does that look like? Do we have a plan? Are we bringing evidence to bear against the many illegal actions and corruption by individuals in this Administration? If we win back the House will there be action against corrupt Supreme Court Justices? Is lying to Congress still a meaningful charge? What is the plan to systematically undo the harm being done and strive for new governance that has the common good at its heart?
But first, we must win back seats in all swing states. What is the plan to organize the grassroots? What lesson about local precinct organizing and turnout did the Democratic Party learn from the Mamdani campaign? Why is Democratic turnout consistently lower than GOP turnout? (In swing state North Carolina the GOP consistently hits 80% turnout. Democratic Party hits in the lower 70s, 73% in 2024. That difference in real numbers is enough for Harris to win, not lose to Trump).
I could go on…. But now is the time for a proactive plan, documenting and building evidence, and being ready in 2027. Agency by agency, law by law, prosecution by prosecution, to rebuild what has been torn asunder.
The elimination of disparate impact rules is a two edged sword. There will be a day when the power shifts (there is always a shift at some point), and then that fight will have to take place all over again; only then it will be the children and grandchildren of MAGA fighting for the right to be considered equal.
Theresa…as the famous movie line said: “I’ll have one of whatever she’s having.”
Little Timmy Walz – tampon tim – the face of the democrat corruption party – your worst nightmare on display……. yet all you can talk about is how awful Trump is 😂😂😂😂
Somali corruption video viewed 100 million times on X
Ah, we see the return of the ad hominem queen, Becky, pretending to know … anything. Typical of that ilk of concrete “thinkers” who only have personal attacks and whataboutisms to support their tissue paper comments. Brilliant.
Thanks, Becky, for posting your “opinions”. It justifies what everyone else says on this blog.
Becky, go back under your rock.
Morton, good questions!
Anything, and everything that is caring and positive is under attack by the Trump admin., and its apparatchiks. And, there are people, like Becky, who cheer them on.
Paul Krugman wrote about the more honorable Republicans that are abandoning the Heritage Foundation and described why he thinks it represents the downfall of the MAGA party. He asks if it could be the beginning of a new conservative party that isn’t based on cruelty, because the country really does need to have two parties in order for government to function for the “good of the people.”
VOTE (D)ECENCY
NOT C(R)UELTY