Culture, Economy & Business, Politics

Hanania: Saving America Means Slaughtering This Sacred Cow

…Many are angry about what they see happening, while few have thought carefully enough about what policy can accomplish. Gail is part of a small minority of people in the public arena that knows the law and has considered its effects on the wider culture.

In her 2020 paper, she frames the issue of disparate impact in a way I hadn’t thought of before. Literally any practice you can think of has a disparate impact. Try to think of a way of hiring or promoting people that does not benefit one group at the expense of another. If everything is potentially illegal, and government does not have the resources to go after everything, then the government basically has arbitrary power to do whatever it wants under civil rights law. People who become civil rights lawyers or EEOC bureaucrats tend to be extremely woke, and it is their interpretations of the law that shape how institutions can behave. This is why I have called civil rights law the “skeleton key of the left.” In recent years, it’s been applied to try and force mask mandates, the use of left wing history books in schools, and now, transgender women competing against biological women in college and high school sports. As long as civil rights laws remain as they are, almost any idea coming out of universities, no matter how crazy, can potentially be forced onto local governments and private institutions without having to ever be sanctioned through the democratic process.

Imagine if in the 1960s, someone proposed a new law that explicitly authorized bureaucrats and the courts to simply do whatever they thought necessary to attack racism and sexism, and later other forms of discrimination, whether found in government or the private sector. Such a law would have widely been seen as heralding the end of the American system. This is Chris Caldwell’s idea of “two constitutions” that are inconsistent with one another. Maybe the new, woke constitution was destined to win, but so far we haven’t even had a conservative movement that has been willing to recognize what has happened, much less fight back against it. Read more…

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