Disparate Impact Thinking Is Destroying Our Civilization

Heather Mac Donald

Manhattan Institute

Heather Mac Donald is the Thomas W. Smith Fellow at the Manhattan Institute and a contributing editor of City Journal. She earned a B.A. from Yale University, an M.A. in English from Cambridge University, and a J.D. from Stanford Law School. She writes for several newspapers and periodicals, including The Wall Street Journal, the Los Angeles Times, and The New Criterion, and is the author of several books, including The War on Cops: How the New Attack on Law and Order Makes Everyone Less Safe and When Race Trumps Merit: How the Pursuit of Equity Sacrifices Excellence, Destroys Beauty, and Threatens Lives.

The following is adapted from a talk delivered on February 15, 2024, at a Hillsdale College National Leadership Seminar in Naples, Florida.

The most consequential falsehood in American public policy today is the idea that any racial disparity in any institution is by definition the result of racial discrimination.

If a cancer research lab, for example, does not have 13 percent black oncologists—the black share of the national population—it is by definition a racist lab that discriminates against competitively qualified black oncologists; if an airline company doesn’t have 13 percent black pilots, it is by definition a racist airline company that discriminates against competitively qualified black pilots; and if a prison population contains more than 13 percent black prisoners, our law enforcement system is racist.

The claim that racial disparities are proof of racial discrimination has been percolating in academia and the media for a long time. After the George Floyd race riots of 2020, however, it was adopted by America’s most elite institutions, from big law and big business to big finance. Even museums and orchestras took up the cry.

Many thought that STEM—the fields of science, technology, engineering, and mathematics—would escape the diversity sledgehammer. They were wrong. The American Medical Association today insists that medicine is characterized by white supremacy. Nature magazine declares that science manifests one of “humankind’s worst excesses”: racism. The Smithsonian Institution announces that “emphasis on the scientific method” and an interest in “cause and effect relationships” are part of totalitarian whiteness.

As a result of this falsehood, we are eviscerating meritocratic and behavioral standards in accordance with what is known as “disparate impact analysis.”

Consider medicine. Step One of the medical licensing exam, taken during or after the second year of medical school, tests medical students’ knowledge of anatomy, physiology, and pathology. On average, black students score lower on the grading curve, making it harder for them to land their preferred residencies. Step One, in other words, has a “disparate impact” on black medical students. The solution, implemented last year, was to eliminate the Step One grading disparity by instituting a pass–fail system. Hospitals choosing residents can no longer distinguish between high and low achieving students—and that is precisely the point!

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The fix is in. To “protect democracy,” democracy is already being canceled. We just haven’t admitted the implications of this to ourselves yet.

On Sunday, January 14th, NBC News ran an eye-catching story: “Fears grow that Trump will use the military in ‘dictatorial ways’ if he returns to the White House.” It described “a loose-knit network of public interest groups and lawmakers” that is “quietly” making plans to “foil any efforts to expand presidential power” on the part of Donald Trump.

The piece quoted an array of former high-ranking officials, all insisting Trump will misuse the Department of Defense to execute civilian political aims. Since Joe Biden’s team “leaked” a strategy memo in late December listing “Trump is an existential threat to democracy” as Campaign 2024’s central talking point, surrogates have worked overtime to insert existential or democracy in quotes. This was no different:

“We’re about 30 seconds away from the Armageddon clock when it comes to democracy,” said Bill Clinton’s Secretary of Defense, William Cohen, adding that Trump is “a clear and present danger to our democracy.” Skye Perryman of Democracy Forward, one of the advocacy groups organizing the “loose” coalition, said, “We believe this is an existential moment for American democracy.” Declared former CIA and defense chief Leon Panetta: “Like any good dictator, he’s going to try to use the military to basically perform his will.”

Former Acting Assistant Attorney General for National Security at the U.S. Department of Justice and current visiting Georgetown law professor Mary McCord was one of the few coalition participants quoted by name. She said:

We’re already starting to put together a team to think through the most damaging types of things that he [Trump] might do so that we’re ready to bring lawsuits if we have to.

The group was formed by at least two organizations that have been hyperactive in filing lawsuits against Trump and Trump-related figures over the years: the aforementioned Democracy Forward, chaired by former Perkins Coie and Hillary Clinton campaign attorney Marc Elias, and Protect Democracy, a ubiquitous non-profit run by a phalanx of former Obama administration lawyers like Ian Bassin, and funded at least in part by LinkedIn magnate Reid Hoffman.

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