"Disparate-impact jurisprudence rests on a massive lie: that blacks and whites would score identically on tests of cognitive ability, absent a biased test design. Given the racial disparities in average cognitive skills—black 12th-graders read, on average, at the level of white eighth-graders—it is impossible to design a test measuring cognitive ability that will not have a lower black pass rate. Garaufis, however, rejects this reality; he has sneered at the city’s suggestion that the differences in scores between white, black, and Hispanic fire department applicants reflect differences in �capability and preparedness,� calling that explanation �dubious.� Instead, in Garaufis’s world-view, racial differences in test results reflect the presence of racial animus." Fighting Fire with Quotas A federal judge’s dangerous crusade against the FDNY October 24, 2010