I agree that re-adjudicating cases would be costly and would not be perceived as fair even if it were righting a wrong. That said, instead of changing individu

I agree that re-adjudicating cases would be costly and would not be perceived as fair even if it were righting a wrong. That said, instead of changing individual decisions you can punish the state for outcomes whether they be intended or unintended. Disparate impact (https://en.wikipedia.org/wiki/Disparate_impact https://en.wikipedia.org/wiki/Disparate_impact) is one such tool the courts are already familiar with. There's more nuance to that which can't be ignored - a person can sue an entity for disparate impact but disparate impact is also calculated regularly with respect to lending. The same could be done for custody.