Eric Holder has now decreed that the doctrine of disparate impact must apply to school discipline. This means that no matter how much more blacks and Hispanics misbehave, punishment must be equally allotted between the races. This is at heart, of course, an extremely racist policy: it means that an individual's race must be taken into account when discipline is meted out.
But as Thomas Sowell asked, "Does any sane adult really believe that there cannot be any difference between the behavior of black boys and Asian girls, for example?"
(Sowell's observation raises another question: should we insist that punishments for classroom fighting be distributed equally between boys and girls, regardless of who does the fighting?)
The question is, how long will it be before criminal laws are enforced this way? Right now roughly 50% of prison inmates are black. (Hispanics are also overrepresented among the inmate population.) Is this not just as "racist" as a school discipline policy which disproportionately penalizes blacks?
Will the greater rate of incarceration of blacks for rape and murder and armed robbery be deemed racist by the Holder Justice Department? How long before Holder cites this as an example of racial injustice and says that criminal laws must be enforced "fairly," i.e., unfairly. Will the DOJ insist that the racial makeup of our prison population reflect the makeup of the population as a whole?
This of course seems absolutely absurd on the face of it.
But it's no more so than Holder's recent edict about school discipline.
Eric Holder has turned MLK Jr. on his head: he doesn't want students to be judged on the "content of their character," but by the color of their skin.