WAPO:  “Trump Administration Seeks to Undo Decades-Long Rules on Discrimination.”

It’s not clear from the article, but it appears the Trump Administration is (finally) trying to rein in disparate impact liability under Title VI.  Disparate impact liability has always been a scandal. It is liability not for discrimination at all.  Rather, it makes just about everything a recipient of federal funds can do presumptively illegal, regardless of whether it is motivated by race, sex, color, religion, or national origin.  The Supreme Court determined long ago that Title VI (as opposed to Title VII) does NOT impose liability for disparate impact.  But that hasn’t stopped the federal bureaucracy from taking the the (erroneous) position that Title VI regulations can and do impose disparate impact liability even if Title VI itself doesn’t.  You can read why the bureaucracy is dead wrong in my school discipline article.

Alas, if this 11th hour action by the Trump Administration is what I think it is, it can be rather easily repealed by the Biden Administration.