John Lewis and Proving Intent
Rep. John Lewis is testifying that proving discriminatory intent—the standard that John Roberts argued for as a staff lawyer in the Reagan administration—is “very difficult, almost impossible.” This is nonsense. It is proved all the time in courts all over the country. It is not necessary to produce some smoking gun memo; any kind of evidence can be considered, as the Supreme Court has made clear. The alternative—holding people liable simply because their numbers don’t reflect politically correct racial proportionality—is a recipe for more quotas and less merit. But, of course, the Left is quite happy to sacrifice merit for quotas.