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Judiciary Committee votes ITL on HR 6 condemning the judicial doctrine of disparate impact
Summary
The committee recommended Inexpedient to Legislate on House Resolution 6, which sought to condemn the judicial doctrine of disparate impact; supporters of ITL argued the resolution overreached by attempting to bind the judiciary.
The House Judiciary Committee voted to recommend ITL (inexpedient to legislate) on House Resolution 6, a resolution that would have condemned the judicial doctrine of disparate impact.
Representative Manos moved ITL and argued the resolution “paints too broad a brush” and that the legislature cannot bind the judiciary on doctrinal matters. He told the committee, “I recommended ITL on this HR for several reasons. The doctrine of disparate impact is a judicial doctrine, and I don't think that the legislature can bind the judiciary on decisions about disparate impact.”
Representative Or(r)ick (committee transcript shows both spellings) and others noted drafting errors and practical problems with the resolution; Representative Or(r)ick said the written testimony was more detailed and that the resolution would require substantial amendment to be accurate.
After discussion the committee voted to recommend ITL on HR 6. The clerk recorded the vote as 15 yeas and 2 nays. Chairman Lynn asked the author to supply a corrected report for the consent calendar; the item was placed on consent.
Supporters of ITL said the resolution oversimplified a complex body of case law and was an inappropriate attempt by the legislature to denounce a judicial doctrine broadly rather than address specific misapplications.
Representative Manos and other members urged accuracy and narrower language if the author wished to pursue the subject in future work.
