PURR:  Assistant Secretary for Civil Rights at USDA Devon Westhill very kindly credits my friend Roger Clegg and me for providing the “intellectual foundation” for the new Title VI regulations that make it clear that disparate impact liability is NOT THE LAW.  Thanks go to Devon and his colleagues for making the new regs happen. If you want to read about how disparate impact liability was used to imposed utterly deranged school discipline policies on teachers, read my 2018 article (with Alison Somin).

I wish I had good news like that about how things are going here in California, but right now they aren’t looking too good. My best guess now is that another effort to gut Proposition 209 will go on the ballot in 2028. I hope I’m wrong. These California legislators are loons, loons, loons.