Tanner Bowen is a junior at the University of Pennsylvania studying business.
With the increasing usage of data mining and forecasting in the private sector, it seems inevitable that the public sector will try to leverage these technologies to become more efficient and to better allocate resources. But, as we discussed in the last few of my blog posts, this implementation will not come without potential legal hiccups from the United States judiciary. Although concepts like non-delegation and due process can seem somewhat intangible to the average citizen, the one area where machine learning can greatly impact the lives of individuals will be whether its usage will lead to discriminatory practices.
The Fourteenth Amendment’s Equal Protection Clause prohibits discrimination by states, and since the Supreme Court’s ruling in Bolling v. Sharpe, we see that there may even be a Fifth Amendment claim involving a violation of the Due Process clause.  However, this standard is not the standard the federal government has to explain in disproportionate impact cases. Specifically, “a purpose to discriminate must be present.”