He's also well know to be very hostile to disparate impact claims |
Uh... it's not my self interest to have my kids discriminated against based on the color of their skin. |
Only if they do not have established discriminatory intent, which is clearly demonstrated in this case. |
No, the standard for racist intent in this case is to voice dissatisfaction for the racial demography of a student body and publish plans showing how they intend to change the racial demography. |
Even if what you're saying were true (it isn't), the Coalition simply has not proven racist intent on the part of the School Board. They have highlighted a couple of sloppy communications and taken them out of context to try to weave a narrative that Judge Hilton bought into because of his need to justify a decision that had no basis in the Constitution or controlling precedent. At best, you can say that the Coalition has proven disparate impact on a very small group of individuals that are characterized more by geography, income, and approach to education than race. And at best, you can say that the Coalition has shown that there were individuals within the School Board who were concerned about the perception of the new policy in private communications. It is an enormous logical leap to jump from those two items to "disparate impact motivated by racist intent". |
Again, the Texas and California regimes that have previously been affirmed both fall under that standard. |
They're not. If anything, they're discriminated against based on the school they attend and the neighborhood where they live - which happens everywhere and is legal. |
Previously, the entire number of seats was open to all eligible applicants. The board removed the majority of seats from previously eligible Asian applicants. By your rationale, the board could have given 549 seats to everyone else, leaving only 1 seat for Asian applicants and that would have been okay because those Asians were not "enjoyed from being a part of the application process". |
Yet again, discrimination against race by proxy is illegal if there is underlying racist intent. |
Yet again, removing racial preference is different from establishing racial preference. I don't know about Texas, but California's prop 209 eliminates racial preference. |
The board based it on geography not race. Try to find a way to carve FCPS in such a way that 549 seats will go to non asians and I'll give you a nickel |
Dissatisfaction with the demography of a student body does not constitute racist intent. As I've said repeatedly, a process resulting in 70% Asians, 10% White, 10% Black, and 10% Hispanic would have been characterized as a great victory by this school board. A policy that was racist against Asian students would not have resulted in an offer pool that was significantly MORE Asian than the applicant pool. |
California eliminated racial preference, but there was a disparate impact on latino applicants and there was language on the part of proponents stating that they were pushing the amendment to help qualified asian and white applicants. Texas allocates seats geographically because it is a legal way to increase black and latino representation at top campuses. |
LOL, then you did not read Hilton's opinion. There's a lot more to it than that. I'm not going to spoon feed you the information, you can go read the decision yourself. |
Again, I don't know if the Texas program is constitutional. If racist discrimination was an intent, then it would not be constitutional in my opinion. For California, yet again, disparate impact alone is not enough if there is no underlying racist discrimination intent. The disparate impact is justified by the compelling public interest that there be no racist discrimination at public institutions. |