President’s weekly report — July 18, 2014

Equality Under the Law Project — Implicit Bias Victory The Iowa Supreme Court today issued this unanimous opinion in Pippen v. State of Iowa, tossing out an “implicit bias” discrimination lawsuit against the State of Iowa. Under the theory of … Continue reading

Pippen v. Iowa: A victory for commonsense

In a unanimous opinion, the Iowa Supreme Court affirmed the trial court dismissing the plaintiffs’ disparate impact claims.  In this case, plaintiffs alleged that the subjective thoughts and biases of Iowa government officials caused a disparate impact on the basis of race.  To … Continue reading

President’s weekly report — June 6, 2014

Environment — No trust in the air The D.C. Circuit issued this short unpublished per curiam decision in Alec L. v EPA, beating back a strange attempt to assert a “public trust” in the air.  This case seems to have been brought more … Continue reading

Schools illegally suspended students to comply with feds’ disparate-impact mandate?

A few months ago, I wrote about the Obama Administration’s announcement that it would apply disparate-impact theory to schools’ discipline policies. According to the Administration, a school presumably violates multiple federal laws if it punishes students of any particular race … Continue reading

President’s weekly report — May 23, 2014

Government Accountability — Medium speed California choo-choo  The Third District Court of Appeal heard arguments today in California High-Speed Rail Authority v. Superior Court of Sacramento County and Tos, et. al. on whether the $8.6 billion in bonds should go … Continue reading

Racial preferences are set for extinction

Over the past year, advocates of racial preferences have suffered so many setbacks that racial preferences are becoming extinct. … Continue reading

Obama Administration urges further discrimination in the wake of Schuette

In its crusade to make America a racially polarized nation, the Obama Administration has had a tough couple of years.  Despite repeated pleas for the continued use of racial preferences, and its crusade to inject disparate impact into every facet … Continue reading

President’s weekly report — April 25, 2014

Equality Under the Law — Victory! We had a major victory this week before the Supreme Court in Schuette v. Coalition to Defend Affirmative Action.  Justice Kennedy, writing for a plurality (meaning that while a majority of the Justices agreed with … Continue reading

PLF’s Joshua Thompson on NPR to discuss Schuette

This morning I appeared on NPR’s On Point to discuss the Supreme Court’s decision in Schuette.  Taking the opposite view and debating me on the case was Columbia Law Professor Theodore Shaw.  You can listen to the podcast here. … Continue reading

Schuette victory: The Breyer concurrence

Yesterday I discussed Kennedy’s lead opinion in Schuette v. Coalition to Defend Affirmative Action as well as Justice Scalia’s concurring opinion.  Justice Breyer also voted to uphold Proposal 2, although his reasoning differs significantly from the other two opinions.  With Justice … Continue reading