Black Voters Matter is deeply concerned by the Department of Justice’s decision to discard the disparate impact framework in civil rights enforcement. For decades, this standard has been essential in identifying and confronting discriminatory policies that, while facially neutral, have caused real harm to Black communities and other marginalized groups. By shifting to a requirement for proof of direct intent, the DOJ is effectively closing the door on most civil rights claims, especially as discrimination has become more sophisticated since the passage of the 14th Amendment. This change jeopardizes hard-won protections in areas like voting rights, education, and economic opportunity, threatening to roll back decades of progress toward justice and equality.
We believe this move will invite more insidious and covert forms of discrimination, making it far more difficult for individuals and organizations to secure basic protections under the law. Black Voters Matter stands with our partners, allies, and communities urgently calling for resistance to this shift. Equal protection under the 14th Amendment is not negotiable. We will continue to fight for robust civil rights enforcement at every level and urge elected officials, advocates, and everyday citizens alike to demand that our laws protect everyone, regardless of how discrimination is disguised.