(FOX News, 8/3/21) A Trump-appointed appeals court judge criticized critical race theory in a concurrence he penned last week that challenged the viability of disparate impact theory as a legal claim in a racial bias case, according to a report. Judge James C. Ho, who was confirmed to the 5th U.S. Circuit Court of Appeals in December 2017, likened disparate impact theory to critical race theory, arguing that both can engender racial bias, according to Law360.
“There’s a big difference between prohibiting racial discrimination and endorsing disparate impact theory,” Ho wrote, according to the outlet. “It’s the difference between securing equality of opportunity regardless of race and guaranteeing equality of outcome based on race.”
He added: “It’s the difference between color blindness and critical race theory.”