The ideal of "disparate impact" UNDERMINES itself.
Ruling that "Traditional lending criteria for home mortgages (20% down, or you pay PMI (Primary Mortgage Insurance), 3 years of tax returns, limits on financing based on recorded, verifiable income) DISCRIMINATES, by "creating a DISPARATE and NEGATIVE IMPACT UPON LOW-INCOME Americans," as federal courts DID in the 1990s, is exactly the SAME as CLAIMING and RULING that "The GRADUATED, or PROGRESSIVE Income Tax DISCRIMINATES, by creating a DISPARATE and NEGATIVE IMPACT UPON MORE PRODUCTIVE, HIGH INCOME Americans."
It's the SAME THING...the VERY SAME CLAIM!
LOGIC and FAIRNESS DEMAND Consistency.
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