Will the Supreme Court finally get to rule on disparate impact?

Will the third time be the charm for having the U.S. Supreme Court decide whether disparate impact discrimination claims are allowed under the Fair Housing Act?  Later this month, on September 29th, the Court will decide whether to accept review … Continue reading

Chief Judge Kozinski skewers Guam lawyer

Guam has created a political process that only allows Chamorros – and their ancestors — to vote on Guam independence.  This is a blatant attempt to restrict the right to vote on the basis of ancestry, and is prohibited by both … Continue reading

President’s weekly report — September 5, 2014

Water rights and the public trust doctrine going underground We filed this amicus letter brief in Environmental Law Foundation v. State Water Resources Control Board asking the California Supreme Court to review a disturbing opinion from the Court of Appeal. Historically, the … Continue reading

Court rules PLF may continue to challenge discriminatory commissioner selection scheme

We received good news this week from the California Court of Appeal.  The court reversed a decision by the lower court, and allows us to continue our legal challenge against the California Citizens Redistricting Commission.  The court’s favorable decision is here.  As … Continue reading

Understanding the difference between disparate treatment and disparate impact

There are two types of discrimination recognized by our various civil rights laws: disparate treatment and disparate impact. The former is conscious, intentional discrimination.  The latter is unintentional, and is demonstrated through statistical disparities.  Here on the Liberty Blog we have often … Continue reading

President’s weekly report — August 15, 2014

Equality Under the Law — Government discrimination in contracting We filed this brief in Midwest Fence v. United States Department of Transportation.  Midwest Fence has been embroiled in litigation defending its right to bid for government contracts in Illinois on the same … Continue reading

City of Tulsa stuns residents by proclaiming it will follow the law – really

It must come as welcome news to Tulsa residents to learn that their city officials have finally decided to obey the Oklahoma Constitution.  In November 2012, Oklahoma voters passed an initiative that amended the state constitution by adding Article II, Section 36A.  … Continue reading

The social injustice of government race-based contracting programs

PLF attorneys are filing a brief in support of Midwest Fence Corporation in its “David versus Goliath” legal challenge against race-based public contracting programs in Illinois.  Both federal and state programs are at issue, and Midwest Fence had to sue several … Continue reading

Diversity hire loses discrimination lawsuit

The University of New Hampshire hired a political science professor during a hiring freeze. They were allowed to do so because she was black and the University had ” ongoing efforts to enhance racial diversity on campus.”  It was undisputed that the “the only … Continue reading

President’s weekly report — August 8, 2014

Environment — Victory in California Supreme Court The California Supreme Court issued a unanimous decision in Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores).  There, after Tuolumne County voters submitted an initiative allowing a Wall-Mart store, the County adopted … Continue reading