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The rule is very inaccurate. Below is the actual rule for anyone who wants to integrate it into the article.
i. Court introduces the Disparate Impact / Purposeful Discrimination test that establishes a series of criteria for determining if discriminatory intent exists.
1. In the rare case that the impact of the official action indicates a clear pattern that is inexplicable on grounds other than race, the intent is discriminatory.
2. Absent this clear pattern, other factors are considered including but not limited to:
a. Historical background of the decision, particularly if it reveals a series of official actions taken for invidious purposes.
b. The specific sequences of events leading up to the decision challenged in the case.
c. Departures from normal procedures in making decisions
d. Inconsistent substantive decisions, particularly if the factors usually considered important by the decision maker strongly favor a decision contrary to the one reached. (i.e. the person met the factors under the law at bar, yet was denied his request)
e. The legislative or administrative history, especially where there are contemporary statements by members of the decision making body, minutes of its meetings, or reports.
3. If discriminatory intent is found to exist, strict scrutiny is triggered. If not, rational basis review is used.
EKoz23:54, 13 May 2007 (UTC)[reply]