Kavanaugh stumbles over Sen. Cory Booker’s questions on race conscious programs

September 6, 2018 | | Think Progress |

[I]n Demos’ analysis of the case, the public policy organization focusing on issues of political equity, highlights that Kavanaugh, in joining this opinion, appears to question the idea of disparate impact, which maintains that a facially neutral policy can still have an adverse impact on a protected class.