The new threat: ‘Racism without racists’ – CNN.com

Disparate impact is built on the belief that most people aren’t stupid enough to openly announce they’re racists but instead cloak their racism in seemingly race-neutral language. It also recognizes that some ostensibly race-neutral policies could reflect unintentional bias. A disparate impact lawsuit, for instance, wouldn’t have to prove that a police department’s white leaders are racist — it would only have to show the impact of having all white officers in an almost all-black town.

Roberts distilled his approach to race in one of the court’s most controversial cases in 2007. The court ruled 5-4 along ideological lines that a public school district in Seattle couldn’t consider race when assigning students to schools, even for the purposes of integration.

“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race,” Roberts said in what is arguably his most famous quote.

Roberts has equated affirmative action programs with Jim Crow laws, says Erwin Chemerinsky, author of “The Case Against the Supreme Court.”

“Chief Justice Roberts has expressly said that the Constitution and the government should be colorblind,” Chemerinsky says. “He sees no difference between government action that discriminates against minorities and one that benefits minorities.”

 

via The new threat: ‘Racism without racists’ – CNN.com.

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