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Does Disproportionate Always Equal Racist?

According to new material delivered to the Senate, when Sonia Sotomayor was on the board of the Puerto Rican Legal Defense and Education Fund (now called LatinoJustice PRLDEF), she and two other directors signed a memo that

argued against reinstating the death penalty in New York state, making the case that capital punishment is racist because it is disproportionately imposed on minorities.

Someone on the Senate Judiciary Committee should ask her whether she believes all racial disproportionality is racist. That is, does she believe that disparate impact can be evidence of discrimination, is always evidence of discrimination, or in fact is proof of discrimination.

Full post as published by Discriminations on June 29, 2009 (boomark / email).