Is Justice Kennedy saying that unfair tests are OK if they are not so blatant? The good justice often spins my head.
The American public wants tests to be fair to all and to discriminate against nobody. Everybody is to score well above average.
Then Justice Ginsberg made the blatantly ignorant statement that pencil and paper tests are problematic.
At one time white state police officers in New York scoring less that 95 on the sargent’s exam were ridiculed by their fellow officiers. The exam was designed to have enough minority officers pass. That is so dumb! If quatas are desired, then race-norm. We shouldn’t throw away the valuable concept of test validity. By the way the minortry officiers would not accept the DNA evicence in the OJ case after having training in evidence at police school!