legal basis for these doctrines is well established
Um, the legal basis is the act of Congress. That’s all, you don’t need studies and nuances. Whatever Congress says and the President signs is the law of the land. Unless SCOTUS objects, of course.
This is a somewhat fundamentalist view of the law, and I am guessing many federal judges at all levels, and regulatory bodies of technical experts, would add something to your definition. I agree with you that the statutory basis for these court rulings is very clear.
But it’s also pretty clear that the doctrine of disparate impact, which is what he asked about, has been clarified and nuanced through litigation of those statutes. My point was that over many decades, the courts have not overturned this doctrine due to any philosophical objections of litigants.
But it’s also pretty clear that the doctrine of disparate impact, which is what he asked about, has been clarified and nuanced through litigation of those statutes.
Yes, of course, though it has nothing to do with legal basis—it’s interpretation of the law which is what the court system does all the time.
over many decades, the courts have not overturned this doctrine due to any philosophical objections of litigants.
Courts do not do that. A philosophical objection is not a legal objection—a court can overturn a law only by deciding that it is unconstitutional.
But I am unsure what is the point that you are making. Is it that both politically and legally the Civil Rights Act is untouchable in the US? Sure, but that’s pretty obvious…
Um, the legal basis is the act of Congress. That’s all, you don’t need studies and nuances. Whatever Congress says and the President signs is the law of the land. Unless SCOTUS objects, of course.
This is a somewhat fundamentalist view of the law, and I am guessing many federal judges at all levels, and regulatory bodies of technical experts, would add something to your definition. I agree with you that the statutory basis for these court rulings is very clear.
But it’s also pretty clear that the doctrine of disparate impact, which is what he asked about, has been clarified and nuanced through litigation of those statutes. My point was that over many decades, the courts have not overturned this doctrine due to any philosophical objections of litigants.
Yes, of course, though it has nothing to do with legal basis—it’s interpretation of the law which is what the court system does all the time.
Courts do not do that. A philosophical objection is not a legal objection—a court can overturn a law only by deciding that it is unconstitutional.
But I am unsure what is the point that you are making. Is it that both politically and legally the Civil Rights Act is untouchable in the US? Sure, but that’s pretty obvious…