Collision Course: Disparate Impact and the Guarantees of Equal Protection as Espoused by the Fourteenth Amendment

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I strongly dislike the bogus notion that people are interchangeable widgets.

Everyone follows the bell curve distribution of activity, regardless of custom, heritage, intelligence, and so on? Um, please.

But Special Forces soldiers and SEALs are disproportionately white. Hardly any black SEALs. Under disparate impact theory, that can only be explained by barriers to entry and racism. But anyone who earnestly believes this is simply wrong.

Thomas Sowell, the smartest man in America, has destroyed the intellectual underpinings of disparate impact theory by empirically demonstrating that's not how the real world works.

The Fourteenth Amendment--guaranteeing equal protection under the law--is at odds with disparate impact (DI) that led to the injustice of throwing out all the test results for fire department lieutenants in New London, Conn., simply for fear of being sued under stupid DI. Discussion of it can be found here, here, and here.

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