Perfect: The GOP Is About to Overrule the Supreme Court and Make Discrimination Against White and Asian People Legal Again Through a Backdoor Deal on Behalf of Their Corporate Donors


by Ace

Congress — including Republicans, of course — is gearing up to overturn the Supreme Court ruling that struck down affirmative action in college admissions (and by implication, in hiring in all jobs), in the mode it’s most comfortable with: in a sneaky backdoor way with plausible deniability, so that the liberals posing as Republicans can say “we’re really fighting affirmative action quotas by re-authorizing them.”

More than two-thirds of Americans think the Supreme Court was right to hold Harvard’s race-based admissions policy unlawful. But the minority who disagree have no doubt about their own moral authority, and there’s every reason to believe that they intend to undo the Court’s decision at the earliest opportunity.Which could be as soon as this year. In fact, undoing the Harvard admissions decision is the least of it. Republicans and Democrats in Congress have embraced a precooked “privacy” bill that will impose race and gender quotas not just on academic admissions but on practically every private and public decision that matters to ordinary Americans. The provision could be adopted without scrutiny in a matter of weeks; that’s because it is packaged as part of a bipartisan bill setting federal privacy standards–something that has been out of reach in Washington for decades.

Why would Republicans screw over their voters like this?

For the usual reason — they’re selling us out to please their liberal corporate donors.

And it looks as though the bill breaks the deadlock by giving Republicans some of the federal preemption their business allies want while it gives Democrats and left-wing advocacy groups a provision that will quietly overrule the Supreme Court’s Harvard decision and impose identity-based quotas on a wide swath of American life.This tradeoff first showed up in a 2023 bill that Democratic and Republican members of the House commerce committee approved by an overwhelming 53-2 vote. That bill, however, never won the support of Sen. Cantwell (D-WA), who chairs the Senate commerce committee. This time around, a lightly revised version of the bill has been endorsed by both Sen. Cantwell and her House counterpart, Cathy McMorris Rodgers (R-WA). The bill has a new name, the American Privacy Rights Act of 2024 (APRA), but it retains the earlier bill’s core provision, which uses a “disparate impact” test to impose race, gender, and other quotas on practically every institutional decision of importance to Americans.

Disparate impact — the doctrine that says you’re racist even if you’ve done nothing racist nor ever had a racist thought.

If you hire based on merit, and that results in a “disparate impact” with minorities getting fewer jobs, then hiring based on merit is racist and illegal.

And Republicans are behind this!

I am at my absolute end.

“Disparate impact” has a long and controversial history in employment law; it’s controversial because it condemns as discriminatory practices that disproportionately affect racial, ethnic, gender, and other protected groups. Savvy employers soon learn that the easiest way to avoid disparate impact liability is to eliminate the disparity — that is, to hire a work force that is balanced by race and ethnicity. As the Supreme Court pointed out long ago, this is a recipe for discrimination; disparate impact liability can “leave the employer little choice . . . but to engage in a subjective quota system of employment selection.” Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 652-53 (1989), quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 448 (1975) (Blackmun, J., concurring).

…Not surprisingly, quota advocates don’t want to fight such a war in the light of day. That’s presumably why APRA obscures the mechanism by which it imposes quotas.

Here’s how it works. APRA’s quota provision, section 13 of APRA, says that any entity that “knowingly develops” an algorithm for its business must evaluate that algorithm “to reduce the risk of” harm. And it defines algorithmic “harm” to include causing a “disparate impact” on the basis of “race, color, religion, national origin, sex, or disability” (plus, weirdly, “political party registration status”). APRA Sec. 13(c)(1)(B)(vi)(IV)&(V).

At bottom, it’s as simple as that. If you use an algorithm for any important decision about people–to hire, promote, advertise, or otherwise allocate goods and services–you must ensure that you’ve reduced the risk of disparate impact.

The closer one looks, however, the worse it gets.

Read the whole thing.

I cannot believe this. And yet, of course it’s true.

You know what’s going on, right? Liberal corporate donors have gotten used to the racial quota system and their DEI officers are screaming about the possible end to racial quotas. So the big corporations are telling Republicans that they want some legal authority to continue discriminatory practices, now that the Supreme Court has outlawed the practice. They don’t want to be sued by all the white and Asian people they’re turning away on racial grounds.

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Traitors to America the American People and the GOP real meaning all should be voted out