A challenger now will generally needs evidence of intentional discrimination rather than merely demonstrating a severe and unjustified racial disparity. This follows Trump’s April 23, 2025 Executive Order 14281 directing agencies to eliminate or minimize the use of disparate-impact liability. And it builds upon the administration’s May 2025 order that federal agencies stop keeping and using statistics concerning race, sex, ethnicity and national origin in hiring decisions and workforce-planning processes. We, left, right, and middle, all know that just because America stops counting racial disparities or keeping stats doesn’t mean racism and racial discrimination just disappear. Racism was alive and well these past 60 years, but our laws and regulations at least sometimes held people accountable.