by WALTER E. WILLIAMS
George
Orwell admonished, “Sometimes the first duty of intelligent men is the restatement
of the obvious.” That’s what I want to do—talk about the obvious.
Law
professors, courts, and social scientists have long held that gross statistical
disparities between races are evidence of a pattern and practice of
discrimination. Behind this vision is the notion that but for discrimination,
we’d be distributed proportionately by race across socioeconomic
characteristics such as income, education, occupations, and other outcomes.
There is no
evidence from anywhere on earth or any time in human history which demonstrates
that but for discrimination there would be proportional representation and
absence of gross statistical disparities by race, sex, nationality, or any
other human characteristic. Nonetheless, much of our thinking, laws,
litigation, and public policy are based on proportionality being the norm. Let
us acknowledge a few gross disparities and decide whether they represent what
lawyers and judges call a “pattern and practice of discrimination,” while at
the same time thinking about what corrective action might be taken.