Luke Rosiak

Hey, John. So in the 1970s, a group of minorities objected to the federal government's use of a test called the Professional Administrative Career Examination. Now, that test accurately predicted who would go on to be an excellent employee, but a lawsuit said it was racist because blacks and Hispanics didn't score as highly as whites on average.

Now, Jimmy Carter, who was president, said the test was fair, rigorously constructed, and useful. But after he lost election, he settled with the plaintiffs and entered into something called the Luévano Consent Decree, which ended the hiring exam and gave the plaintiffs veto power over its replacement. That was only supposed to last for five years.

Now, Jimmy Carter, who was president, said the test was fair, rigorously constructed, and useful. But after he lost election, he settled with the plaintiffs and entered into something called the Luévano Consent Decree, which ended the hiring exam and gave the plaintiffs veto power over its replacement. That was only supposed to last for five years.

But the Office of Personnel Management ran into a problem. It tried six times, but no test that accurately identified competent employees also led to what was required by the decree, which is zero statistically significant differences in hire rates by race.

But the Office of Personnel Management ran into a problem. It tried six times, but no test that accurately identified competent employees also led to what was required by the decree, which is zero statistically significant differences in hire rates by race.

The result is that more than 40 years later, federal agencies tasked with hiring millions of people are forbidden from using objective skills tests. to find the most skilled applicants.

The result is that more than 40 years later, federal agencies tasked with hiring millions of people are forbidden from using objective skills tests. to find the most skilled applicants.

Exactly. OPM finally came up with one test that would result in a high proportion of minorities. And it's basically just a self-assessment. The government now largely relies on a 136 question quiz where applicants rate themselves on how qualified they think they are.

Exactly. OPM finally came up with one test that would result in a high proportion of minorities. And it's basically just a self-assessment. The government now largely relies on a 136 question quiz where applicants rate themselves on how qualified they think they are.

Right. And so now the Trump administration is set to ask the D.C. court to end the consent decree on quite a few grounds, including that it's illegal under the Supreme Court's precedent, especially the 2023 Harvard ruling that ended affirmative action at colleges.

Right. And so now the Trump administration is set to ask the D.C. court to end the consent decree on quite a few grounds, including that it's illegal under the Supreme Court's precedent, especially the 2023 Harvard ruling that ended affirmative action at colleges.

The Trump administration will argue that it, quote, blatantly conflicts with current law and requires the federal government to make hiring decisions using explicit racial classifications.

The Trump administration will argue that it, quote, blatantly conflicts with current law and requires the federal government to make hiring decisions using explicit racial classifications.

It says it amounts to one court using a nearly half-century-old agreement to block the president from using measures that any large-scale employer would use to shape his workforce, and that the OPM must be relieved of the Luivano consent decree to return common sense to federal hiring. This is a big deal because Trump could basically turn federal employees into an elite group.

It says it amounts to one court using a nearly half-century-old agreement to block the president from using measures that any large-scale employer would use to shape his workforce, and that the OPM must be relieved of the Luivano consent decree to return common sense to federal hiring. This is a big deal because Trump could basically turn federal employees into an elite group.

An exam could turn up the best and brightest who were evaluated objectively and hired based on merit.

An exam could turn up the best and brightest who were evaluated objectively and hired based on merit.

Yeah, this is one of these things that could be a legacy for Trump. In many ways, it's a big surprise that this decree is still standing so many years later, especially because blacks aren't actually underrepresented in the federal government. They're actually overrepresented by 50%. Even if we weren't in a post-DEI, post-affirmative action world, this consent decree was legally hard to justify.

Yeah, this is one of these things that could be a legacy for Trump. In many ways, it's a big surprise that this decree is still standing so many years later, especially because blacks aren't actually underrepresented in the federal government. They're actually overrepresented by 50%. Even if we weren't in a post-DEI, post-affirmative action world, this consent decree was legally hard to justify.

investigation is likely to explore whether high-level officials, potentially including Harris herself, as well as Lena Kahn, Joe Biden's chair of the Federal Trade Commission, conspired to embed the vice president's deputy domestic policy advisor, Nathaniel Siegel, into a civil service job just before Trump's inauguration.