HERE WE GO: World’s Worst Legal Theory—Disparate Impact—Headed for Supreme Court.

Disparate impact is terrible policy because it assumes non-existent racial equality. Blacks have lower incomes, fewer assets and bad credit because they’re generally less intelligent, less hard-working, more dismissive of repayment schedules and more prone to credit purchases beyond their means. Whites bear the brunt in several ways—they’re falsely accused of being mean racists who are unfairly withholding jobs and credit from deserving blacks, and they pay for the “equalization” fallout (example: if a company must pay all workers equally to avoid a “disparate impact” claim, whites will get less than they would have gotten otherwise).

This is not likely to show up in an amicus brief filed the by the bankers’ association.