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The entire doctrine of Disparate Impact, and Affirmative Action which is borne from it, is one of the most illiberal policies in America. I really hope a constitutionalist Supreme Court can reverse this madness.

On Affirmative Action in specific, here's a great interview from Sowell about the unintended consequences that arise from the awful policy:

https://www.youtube.com/watch?v=VVvnTByzTmA

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It will be ruled unconstitutional within two years. The way to stop discrimination based on race is to stop discriminating based on race.

I really hope so, as there is so much wrong with it. To begin with, the 80% rule creates an impossible standard of "diversity" that doesn't match the reality of how different groups of people have different tendencies and preferences.

The impossible standard mixed with the conflicting doctrines of Disparate Treatment and Disparate Impact mean that every major company has to settle diversity lawsuits for hundreds of millions or into the billions of dollars, no matter what their policy is.

de Blasio already thought about this. The criteria has nothing to do with race, and is clearly about academic performance. The intended outcome and policy itself is driven internally by diversity, but the actual criteria doesn't (and probably cannot) mention race in any way, shape or form.

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