But, this is what the judge is saying. The judge observes that minorities fail the test more than others. The judge does not consider that the minorities are capable to cover the gap. Therefore, the outcome places the minorities into what he call, discrimination. His observations place a color on those minorities and there you go, the tests are out of sudden, racists.
It is a very narrowed point of view.
Now let's see it from another angle. If we put our observations further, we would probably notice that the minorities often coming from a background of community living in poverty and an environment of lower quality education in their sector. Therefore, if we address that problem from that angle, we would come to the conclusion that those schools need a better improvement of their teaching quality. If money is an issue, we could take measures to make sure those students have the same chances as the "white" ones do. Once we know every one starts on the basis and same chances, we would expect that the ratio of success is mostly the same for every one else.
The judge and you, prefer to avoid the test. Other people like me, prefer to make sure every one gets the same conditions to succeed the test. It's two opposite approaches. Yours is based on the race. You conclude that few races are inferiors, so the tests must be avoided because those people just cannot make it. Mine is rather a problem of education context and should be address as is.
Stating that the test is unconstitutional, is one of the biggest insult to intelligence one could make. It is super extra woke.