Even those who strongly support the Trump Administration can grow frustrated with the pace of change. Sometimes that frustration is justified. But other times, moving deliberately is essential, particularly when it comes to the law. A shoddy or rushed legal opinion may grab headlines, but if it changes nothing or is overturned in the courts, it’s just a long, noisy out. And judges are fickle and self-regarding creatures, especially on the Supreme Court, the ultimate adjudicator of many of these disputes.
Given that reality, the recent opinion from the Department of Justice’s Office of Legal Counsel (OLC) declaring the vast majority of disparate-impact uses—a cornerstone of the civil rights regime for over half a century—effectively unconstitutional is a legal earthquake. It won’t get the sort of headlines of border walls or banning boys from girls’ sports, but in terms of its potential impact on America, it is vastly more important.




