Éric Araujo <mer...@netwok.org> added the comment:

To explain my position: distutils is a very brittle codebase that’s used and 
monkey-patched by a lot of third-party code.  In the past, before the forking 
of distutils/packaging, Tarek tried to gradually improve distutils but he got a 
lot of pushback when his changes broke this third-party code that relied on 
known bugs or undocumented behavior or worked around it.  That’s why a feature 
freeze is now in effect, and behavior is not changed unless it is to fix a bug.

In this case, it is not documented that distutils should run under python -E, 
and nobody reported it as a bug before, that’s why I have the position that the 
tests that require $PATH should be skipped, and the code left untouched.

For distutils2 (named packaging in the 3.3 standard library), we can improve 
find_executable.  We even want to extract it and move it to shutil: #444582

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<http://bugs.python.org/issue12420>
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