When actual systemic racism was eliminated, disparate impact took its place. With disparate impact, you didn’t have to prove actual racism or discrimination, only that a minority group, usually black people, were disproportionally impacted by a policy, such as requiring high school diplomas.
Vaccine mandates are a classic example of disproportionate impact.
Among young black men, vaccination rates can fall as high as into the low twenties. But even in the overall black population, per the latest CNN poll, black people are the group least likely to be vaccinated, and therefore most likely to be discriminated against under Biden’s vaccine mandate. The poll showed that 68% of black people had taken at least one dose, as compared to 73% of white people, and 87% of Biden supporters. Strikingly, Biden supporters are the group most likely to be vaccinated while black people are the group least likely to be vaccinated. This neatly reverses the general premise of identity politics in which lefties are seen as safeguarding the rights of black people. Here the rights of black people are most likely to be negatively affected while the rights of Democrats will be least affected.
The civil rights case here is painfully straightforward. We’ll see if any lawyer or judge touches it.