So we should only care about “disparate impact” for certain groups, not all? |
That's literally coalition for TJ's argument. They are claiming the the current system has a disparate impact on Asian applicants even though the prior system had a disparate impact on literally every other group. |
+1 The old admissions process only admitted 0.6% (<1%!!) economically-disadvantaged students in 2020. https://www.fcps.edu/news/tjhsst-offers-admission-486-students |
And I’d say that the new process STILL has a “disparate impact” on URMs given that admission rates are still disparate. |
At the moment, one thing you can say as a positive for the new process is that the demographic of the admitted student pool roughly mirrors the demographic of the applicant pool. Which is a positive. |
And thus you have the core of Heytens' concurrence. C4TJ only has a case inasmuch as they are comparing the results of the new process to the previous one. And as he mentioned, the reasoning that Hilton used and that Rushing essentially parroted would make it impossible to address any policy that actually had a disparate racial impact, whether purposefully or otherwise. Heytens didn't say this, but Hilton's reasoning could be used to claim that the abolition of slavery had a disparate impact on white people and therefore was unconstitutional. |
Not roughly. There were *still* disparities. This was covered on an old thread. I can’t look up at the moment but can try later. |
| Hilton's reasoning makes any desegregation unconstitutional |
You want disparate impact? Here are some egregious disparate impact: Asians have been totally shut out of a County that Asians make up 20% for many years now. No member of the school board, no member of the Board of Supervisors, no member of County judges, no House delegates from the County, no representation in the top positions of FCPS, no representation in the leadership positions at TJ, no principals at any County schools, no representation at leadership positions at County police on and on and on. Why so quiet about these egregious complete and total lack of representation? |
You must have a very particular definition of Asian |
| Also, https://www.fairfaxcounty.gov/circuit/judges at least do some basic research before claiming that there are no Asian American Judges. |
Thanks for clarifying. I do appreciate it. Sorry that I just decided to start paying attention. I don't want my kids to apply to TJ (neither do they) so I hadn't been following to much. Well it's real interesting - I'll be interested to see where the Supreme Court comes out. |
This is not how disparate impact works. The existence of disparate impact alone can't be the basis for a claim. In other words, just because the outcomes are different, doesn't mean there is underlying racial discrimination. Disparate impact is only meaningful as evidence that a racist policy is actually discriminatory in effect. The chain is that there is underlying racist intent, which leads to the implementation of superficially race-neutral admissions policies, which in turn lead to demonstrated disparate impact. Without racist intent or existence of actual racist policies in the original TJ admissions policy, disparate impact is a non-issue. |
It ain't 20%. Only 6%. We want at least 20%! Disparate impact! |
On the other hand - that Omeish text is a really bad fact for FCPS here. I really think that text is having an impact. |