After the Roberts Majority in Callais said the 15A forbid Congress from codifying disparate impact liability in the VRA, Trump’s DOJ takes the position that Title VII’s codified disparate impact liability violates equal protection under the 5th and 14th Amendments www.justice.gov/olc/media/14...
Mike Sacks
Congress codified disparate impact liability under Title VII so Trump can't eliminate that. But surely there's a litigant looking to get the Roberts Majority to say the provision violates the Equal Protection Clause...as Scalia all but called for in 2008:
www.law.cornell.edu/supct/pdf/07...
