DISPARATE IMPACT LIABILITY COULD COST NEW YORK CITY OVER A $$BILLION$$:  If so, it’s really past time for the federal government to start explaining why all this is even constitutional. My recommendation is for the Executive Branch to start by conducting a Disparate Impact Inventory. As Justice Scalia recognized in his Ricci v. DeStefano (2009) concurrence, the issue isn’t easy. But ignoring it won’t make it any easier.  Sooner or later it has to be litigated.