It was based on his adoption of a statutory definition which was now outdated in its discriminatory effect.

It accepts that a requirement or condition may be justified independently of its discriminatory effect.

Thus, in addition to proving a discriminatory effect, a plaintiff must prove discriminatory motive on the state actor's part to receive redress under the constitution.

This analysis focuses on facially neutral policies that may have a discriminatory effect.

Yet again, the government appears to be simply disregarding the discriminatory effects of its quick-fix solutions and, by inexplicably delaying the opening of more courts, exacerbating the situation.