The United States was built on a distrust of concentrated power. It is this fundamental distrust of big government that shaped federalism, defined the separation of powers, and limited each branch to a distinct role. During periods of rapid social change, however, governmental restraint weakens. Reform movements—whether in civil rights, economic regulation, or cultural policy—have not only produced legislation but also expanded judicial authority.

Social progressivism brings courts to no longer just interpret the law but also reshape it.

The Civil Rights Act of 1964 addressed a clear injustice. It prohibited discrimination in employment and public accommodations based on race, color, religion, sex, or national origin. Congress enacted the law through the democratic process, responding to a national failure to enforce equal protection. While many conservatives criticize the Act's expansion of federal authority, it came through elected representatives.

But the long-term impact of the Civil Rights Act did not come from its text, but rather how courts interpreted it.

In Griggs v. Duke Power Co., the Supreme Court introduced the doctrine of disparate impact. Under this framework, discrimination no longer depends on intent, but on outcomes. A neutral requirement—a diploma, a standardized test—can be invalidated if it produces unequal results and lacks a sufficient connection to job performance.

The Griggs decision redefined discrimination–moving the legal system away from equal treatment and toward equal outcomes. Once outcome disparities become the measure, almost any neutral policy becomes suspect.

The logic behind disparate impact legitimized broader theories of affirmative action and diversity, equity, and inclusion policies. Those approaches assume unequal outcomes are, by themselves, evidence of systemic discrimination requiring correction. Regardless of whether that premise is persuasive as policy, it does not appear in the Constitution or in the original meaning of the Civil Rights Act.

The Court attempted to limit disparate impact to requirements unrelated to job........

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