Dan Morenoff

Big-Law Expat. ED of the ACR Project. Wonk.

[Christopher F. Rufo ⚔️ @christopherrufo]

BREAKING: Harmeet Dhillon is cracking down on California's gay-certification program. "The Constitution does not tolerate discrimination on the basis of race or sex." This is exactly what I voted for.

[Dan Morenoff @MorenoffDan]

@ycinnewyork @fuller_brandon …overwhelming odds (w/o digging in) that it isn’t, but hasn’t yet been challenged in court by someone with standing.

If you know of someone who either has been rejected due to its preferences or treated differently in bidding for work because of their race, please tell us.

[City Journal @CityJournal]

Last week, the DOJ's Office of Legal Council concluded that the Equal Employment Opportunity Commission’s disparate-impact guidelines encourage employers to engage in racial discrimination, violating the U.S. Constitution.

We should applaud the OLC’s opinion, @MorenoffDan writes—but we should bear in mind at least two major qualifications before celebrating. https://t.co/b8TatyCH2M

[Dan Morenoff @MorenoffDan]

Has any Congressmen of either party said anything positive about the MOU? Not that I’ve seen.

They need to get informed. First the intel comms. Then the rest.

Then? If Congress doesn’t like the deal, it can do something about it. Declare war. Own it. Act like the 1st branch.

[Preston Cooper @PrestonCooper93]

Workers such as secretaries, registered nurses, police officers, and firefighters have become more likely to hold college degrees.

That’s in part due to a strange legal regime which privileges college degree requirements in hiring. But a new DOJ opinion could change that.

[Brandon Fuller @fuller_brandon]

Nearly every job qualification produces a disparate impact on some protected group.

That single fact is why disparate-impact liability was always a machine for manufacturing racial discrimination: adopt a neutral standard, watch it produce a disparity, face liability, “voluntarily” rebalance by race.

Last week DOJ’s Office of Legal Counsel pulled the plug: EEOC’s disparate-impact guidance is unconstitutional. The opinion cites @GailHeriot’s work 7 times and rebuilds the rules: job requirements are presumed legitimate unless plainly unrelated to the work, plaintiffs must prove the challenged policy—not outside factors—caused the disparity, and a racially balanced workforce can never qualify as a “business necessity.”

The caveats matter, though. OLC isn’t a court. A future president can reverse it. And nobody’s yet answered what Title VII’s text actually requires.

@ManhattanInst fellow @MorenoffDan with more on the OLS opinion and what it means in @CityJournal https://t.co/6z7GRDKP5V

[Dan Morenoff @MorenoffDan]

The world needs a portmanteau for Horchata flavored lattes. I propose Horchattes (pending Spanish speakers approval that this isn’t actually a horrible profanity I’ve stumbled into…).

[Dan Morenoff @MorenoffDan]

@Rekt57v …see the limitations. We have more work to do…

[Dan Morenoff @MorenoffDan]

Last week, below most people’s radar, the administration’s efforts to restore the original understanding of America’s most fundamental nondiscrimination laws (and, with it, American equality) took a huge step forward.

I explain that step and its limitations in @CityJournal.

[Dan Morenoff @MorenoffDan]

Iowa’s SG @EWess92 weighs in on the same here.

[Eric W. @EWess92]

Last week, @TheJusticeDept rejected the theory of "disparate impact" liability. That thunderclap in federal civil rights law is a strong corrective to a longstanding misinterpretation of federal civil rights law. I expand more in @FDRLST here!

[Dan Morenoff @MorenoffDan]

DOJ’s Office of Legal Counsel (OLC) delivered this blow for equality, concluding that the Equal Employment Opportunity Commission (EEOC)’s disparate-impact guidelines encourage employers to engage in racial discrimination, violating the U.S. Constitution.

https://t.co/0iqggFw0mZ

[Harmeet K. Dhillon @HarmeetKDhillon]

This is wrong!

[The Associated Press @AP]

BREAKING: The Trump administration is moving Education Department oversight of special education and civil rights to other agencies. https://t.co/VMy7tfoRP6

[Reza Pahlavi @PahlaviReza]

As it signs a Memorandum of Understanding for “peace”, the Islamic Republic just executed two more protesters from January 8th and 9th.

This is the consequence of making a deal with this criminal regime. To do a deal with a regime that murdered more than 40,000 protestors in two days in January is morally wrong and strategically misguided.

Dealing with this regime will fail and we will all face the consequences. The regime’s 47-year war against the Iranian people continues. Just as it has never made peace with its own citizens, it will never truly make peace with the world.

The international community should back the people of Iran’s fight for freedom. Put them center in any negotiations and in their Iran policy. But let me be clear - with or without international support - this regime will fall. The people of Iran will liberate themselves from tyranny.

[FischerKing @FischerKing64]

California seeking professionals with exceptional gaydar.

[Dan Morenoff @MorenoffDan]

@HarmeetKDhillon I had literally never noticed these became unavailable.

[Dan Morenoff @MorenoffDan]

@GriggsWasWrong I can’t begin to explain that. We need a Floridian to tell us…

[Dan Morenoff @MorenoffDan]

…disqualifying…

[John Sailer @JohnDSailer]

BREAKING: Stuart Bell told the University of Florida trustees he didn't merely rename and continue Alabama's DEI offices.

But unearthed faculty senate meeting minutes reveal that Bell assured faculty the exact opposite was true: "The DEI renaming is a name change only."

[Mark Dubowitz @mdubowitz]

There will be no final Iran deal. This phase one is about getting oil back to market at the lowest possible price paid to the regime. We’ll find out what that price is over the next 30–60 days.

There is no phase two deal. Soon enough, President Trump will be back to relying on American power, not the regime’s false promises.

At that time, the strategy needs a missing pillar: maximum support for the Iranian people. Economic and military pressure can weaken the regime. The Iranian people can cripple it. Together, they offer the only path to a durable solution.

[Dan Morenoff @MorenoffDan]

Free people standing up to TWO corrupt, authoritarian regimes in a single gesture…

[California Post @californiapost]

Iranian World Cup soccer fans wave pre-revolutionary flag inside stadium despite FIFA ban https://t.co/LfcFeJgAaq