The "Disparate Impact" theory is destabilizing the US legal system

  • Gerardo E. Martínez-Solanas
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The "Disparate Impact" theory is destabilizing the US legal system

09 Jul 2024 17:02
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The legal profession is experiencing a decline in US standards as the idea of "disparate impact" —which refers to making choices and implementing them based on race— becomes more prevalent. Did you know that upon taking office in 2021, President Biden announced that he would not submit his judicial nominees to the American Bar Association (ABA) for preliminary qualification? Oh, really!? Why?

Well, a White House Counsel's Office representative stated that it would be incompatible with "racial diversification of the judiciary" to allow the ABA to delve into candidates. As a result, the most prominent members of the ABA are currently fixated on the demographics of corporate legal firms and law schools.

Following this path, State bar associations are currently lowering standards in an effort to remove "disparate impact" on the judiciary. Furthermore, due to a disproportionate number of Black students failing law school entrance exams, California lowered exam passing scores in 2020.

As if that weren't enough, there is mounting pressure to do away with the Law School Admission Test (LSAT) requirement for law school entrance because it has "a disparate impact." Of course, for the manipulators of the racial issue, IT MUST BE ELIMINATED! As one single mother told an ABA panel, "I wouldn't want to give up my dream of becoming a lawyer just because I couldn't successfully handle this test." Note this argument: the problem is always in the exam, NEVER IN THE PERSON TAKING THE EXAM.

That's why we are where we are in the United States Judicial Branch!
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