Disparate Impact

Photo courtesy Western Arctic National Parklands, Flickr, Jun. 23, 2008

In its mad rush to legislate from the Bench last summer, the SCOTUS may have given fish and game users here in Alaska a way to repeal Title VIII of ANILCA. This is the portion of the 1980 law that gives an absolute priority to rural residents for the taking of subsistence fish and game.

The Title has been used for decades by the feds to insert themselves into the daily management of fish and game statewide. Perhaps we now have a judicially crafted tool to remove the federal problem. If not, at least we can do our best Abbie Hoffman impersonation and force the Obama appointees infesting the federal judiciary and race-baiting federal lawyers working for Loretta Lynch to maximize the contradictions.

Late June this year the SCOTUS backed disparate impact claims of racial discrimination. The case involved a leftist non-profit suing the State of Texas over the allocation of housing vouchers. The lefties claimed that the vouchers were going to too many inner city blacks who were spending them on inner city housing rather than housing in the suburbs, leading to defacto segregated housing patterns of dark inner cities and light suburban neighborhoods. Of course the Obama regime was overjoyed with the opinion and shoved through a HHS Rule that would bring inner city residents to the suburbs. Oh joy. http://www.npr.org/sections/thetwo-way/2015/06/25/417433460/in-fair-hous...

The notion of disparate impact based on race can and should go far beyond that of housing. How about a federal priority for rural subsistence? Given that the majority of rural residents in large areas of the state are Alaska Natives, does this not by definition constitute discrimination against everyone who is not an Alaska Native?

I would suggest it absolutely does.

Perhaps it is time for resident hunters and fishermen who aren’t Alaska Natives to start taking subsistence fish and game during the federally designated seasons with federally designated gear and methods, get their tickets and go to court claiming Title VIII of ANILCA discriminates against their particular race via disparate impact. Force Obama appointed judges and prosecutors to rule that the spiritual parts of subsistence only apply to Alaska Natives and nobody else. Do it time after time after time. Build up a paper trail of discriminatory rulings against non-Native Alaskans. Crush the federal management under the weight of its internal contradictions. And do it all with Obama’s new favorite play pretty, disparate impact.

This would be particular fun as it goes after the feds via one of their favorite Alinsky Rules – forcing the enemy to live up to its own book of rules, something they cannot possibly do.