Trump Dismantling Disparate Impact Legal Infrastructure
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I have talked about this on the show before, when Trump voided that Johnson EO 11246 which undergirds a lot of the Disparate Impact doctrine. I mentioned a case, Luevano v Campbell, which was a cornerstone of Disparate Impact lawfare allowing Democrats to create political sinecures in the federal government.
The Trump administration quietly ended that last week.
https://www.justice.gov/opa/pr/justice-department-dismisses-race-based-44-year-old-consent-decree
The BLUF is that Luevano v Campbell was a follow-on lawsuit to Griggs v Duke Power, applying Disparate Impact doctrine to federal civil service exams. It was a consent decree between Luevano & the plaintiffs and the Carter administration, which ended civil service exams under the Pendleton Civil Service Reform Act of 1883. In effect, from 1981 until now the vast majority of federal jobs have not required any kind of civil service examination, which I think is one of catalysts for federal employees becoming extremely politically partisan. I think the Trump administration is preparing to reimplement civil service examinations.
“For over four decades, this decree has hampered the federal government from hiring the top talent of our nation,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Today, the Justice Department removed that barrier and reopened federal employment opportunities based on merit—not race.”
“It’s simple, competence and merit are the standards by which we should all be judged; nothing more and nothing less,” said U.S. Attorney Jeanine Pirro for the District of Columbia. “It’s about time people are judged, not by their identity, but instead ‘by the content of their character.’”
I wonder what these tests will look like under this admin? The SAT, the ASVAB?
I think they are likely to reimplement the Professional and Administration Career Examination (PACE), which was used until the Luevano v. Campbell consent decree.
https://www.gao.gov/products/109388
Like I said on the show this morning, I think the Trump admin is setting up to clear out the executive branch agencies, reimplement the PACE or something like it, and then reopen federal hiring.
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