There is a difference between how we conceptualize equality under the law (we are all equal under the law) and how reality deals the cards (we are not all created equal.)I think the null hypothesis is that we are created equal. That blacks have been treated poorly for the majority of our history is an obvious distinction.
This argument just resorts to the fallacy of the law is always correct. We used to sterilize people under the Progressive inspired Eugenics laws, did the fact that there was a legal basis for sterilizing people against their will make the administration of the sterilization correct and moral. Convicting someone of discrimination based on statistical inference is wrong. You wouldn't stand for it if this was the standard applied to you with respect to a criminal act - you've been seen in the downtown area every single time that there was a convenience store robbery and so based on your pattern of movement you are deemed guilty of robbery despite the fact that there is no circumstantial nor direct evidence of your participation in these robberies.Hence the law's adoption of pattern discrimination as a means of proof. What can't necessarily be proven in an individual case can sometimes be proven statistically.
This is such a leftist trope. The future "coffee-colored race."The problem will eventually be solved by integration and intermingling of the races. We undoubtedly have a long way to go, but we've come a long way in 45 years. Promoting racism and segregation -- as truly repugnant as it is -- can only forestall the inevitable.