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So the fact that there are differences in average IQ scores, or in some other testable characteristic, between races does not undercut the case against group discrimination, at least for the large majority of Americans.

But it does undercut the case for racial quotas and preferences. It undercuts the case for the “disparate impact” legal doctrine that the Supreme Court concocted in a 1971 case on hiring discrimination.


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The Court acted when memories were still fresh of resistance to racial desegregation orders in the South. But the doctrine is out of date 43 years later.

“Disparate impact” doctrine assumes that in a fair society, we would find the same racial or ethnic or religious mix in every school, every occupation, and every neighborhood. But that’s nonsense, as anyone acquainted with American life knows.

Americans are quite capable of treating individuals fairly, even while acknowledging group differences that, as science shows, are the result of recent, copious, and regional natural evolution.

 
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