The DOJ last week announced it will stop using "disparate impact" as a basis for civil rights enforcement -- and it is long overdue.
Disparate impact is a legal doctrine that treats statistical differences in outcomes as proof of illegal discrimination, even with zero evidence of discriminatory intent. For decades it has been weaponized against employers, schools, and institutions for doing nothing more than applying neutral standards equally to everyone.
The doctrine has no constitutional basis. The Equal Protection Clause requires equal treatment -- not equal outcomes. And while courts have read it into Title VII, that interpretation has always been a stretch.
What disparate impact actually does is pressure organizations to adopt race-conscious policies to avoid liability. That is not anti-discrimination law. That is a quota system with a legal fig leaf.
Merit is not racism. Holding everyone to the same standard is not racism. Unequal outcomes under equal rules are not racism.
Today's stream breaks down the doctrine, why it was always bad law and bad policy, and what the DOJ's new posture means for employers, courts, and civil rights enforcement going forward.
Join me LIVE right after the open-access show as I break it all down.
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Episode #M1361.
NOTE: We mostly ended up covering Bessent's recent speech last week at the Reagan Library.
Yesterday the great and powerful Treasury Secretary Scott Bessent absolutely WRECKED House Democrats during a hearing of the House Ways & Means Committee.
And that was only day after he had done the same to Senate Democrats in a hearing of the Senate Finance committee.
What is best in life, Bessent the Barbarian? To crush your Democrats, see them driven before you, and hear the lamentations of their gender confused!
Trump just shared with America all the winning his administration has already secured for the nation, as well as all the winning coming down the road.
Yesterday was Trump’s 12th publicly aired cabinet meeting, all in his first 14 months in office. This contrasts sharpy with a mere three that Biden held in the same time frame of his administration.
Join me as I break down the second half of this lengthy cabinet meeting and celebrate all the winning.
Trump just shared with America all the winning his administration has already secured for the nation, as well as all the winning coming down the road.
Yesterday was Trump’s 12th publicly aired cabinet meeting, all in his first 14 months in office. This contrasts sharpy with a mere three that Biden held in the same time frame of his administration.
Join me as I break down the first half of this lengthy cabinet meeting and celebrate all the winning (second half will be covered in tomorrow’s members only show.)
Join me LIVE right after the open-access show as I break it all down.
All @TheBrancaShow mugs! https://tinyurl.com/k778wj2k
Today’s LIVE show with Attorney Andrew Branca of Law of Self Defense will focus on a case out of Wyoming that is a great case example of why representing yourself as your own attorney is a bad idea–and also why a superficial understanding of the law can be an extremely dangerous thing.
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Remember
You carry a gun so you’re hard to kill.
Know the law so you’re hard to convict.
Stay safe!
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
Law of Self Defense Platinum Protection Program
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This live show covers the Burlington Coat Factory police shooting in North Hollywood CA that occurred this past Thursday, and accidentally killed a 14-year-old girl, as well, the just published interview of one of the Kim Potter jurors.
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January 8, 2022
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