The issue is that African Americans commit a disproportionate (to their population numbers) number of crimes and therefore have a disproportionately high representation among convicted criminals and therefore are disproportionately affected by background check policies.
All complex systems generate inconsistencies and logical nightmares but this is a doozy. Kind of Kafkaesque. The bizarre nature of the issue is captured by one of Althouse's commenters.
So the government convicts minorities at a disproportionate rate.
Then the government sues companies that checks the records of the people they've convicted.
Nice racket.
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