The rationale for modern civil rights lawsuits is the concept of disparate impact on minorities. De jure discrimination and desegregation disappeared in the United States more than a half-century ago. In the wake of that triumph, activists moved from opposing “Jim Crow” laws that specifically targeted minorities — and in particular, African Americans — to advocacy and litigation that sought to target laws and practices that they claim produce negative outcomes for minorities, even if, on the surface, the laws were not discriminatory.
It is this concept that is the driving force behind claims that laws that seek to protect the integrity of the vote, including those that require voters to produce photo IDs, are discriminatory.
Yet now that a nation apparently intent on enacting far-reaching rules about vaccination that will in effect determine who is allowed to attend schools, public events, and sports and arts performances, or to enter places of business and public accommodations, the same voices