Writing in The National Journal, Stuart Taylor has a thoughtful piece on Judge Sonia Sotomayor, identity politics, and the issue of disparate impact. An excerpt:
The disparate-impact dynamic has the benefit of expanding opportunities for preferred minorities. But it also has great costs. It is unjust to high-scoring white and Asian workers; it has greatly eroded the anti-discrimination principle; and it downgrades incentives for students and workers to study and learn -- both in school and in rigorous test-preparation courses such as the one that helped some New Haven firefighters improve their skills and do well on the test.
[HT: Real Clear Politics ]