Standards are falling in the legal profession, which came up with the disparate impact concept in the first place. Upon taking office in 2021, President Biden announced that he would no longer submit his judicial nominees to the American Bar Association for a preliminary rating. Why? According to a member of the White House Counsel’s Office, allowing the ABA to vet candidates would be incompatible with the “diversification of the judiciary.” This claim was dubious.
The ABA, after all, cannot open its collective mouth without issuing a bromide about the need to diversify the bar. Its leading members are obsessed with the demographics of corporate law firms and law school faculties. This is the same ABA that gave its highest rating to a Supreme Court nominee who as a justice would make the false claim during a challenge to Covid vaccine mandates that “over 100,000 children are in serious condition [from Covid] and many are on ventilators.”
Heather Mac Donald, Disparate Impact Thinking Is Destroying Our Civilization. Imprimis, February 2024.
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