What can Moneyball teach us about the debate over racial preferences?

Some things are accepted as so obvious that people rarely ask whether they are true. Take baseball for example. There used to be a time when fans and managers alike hyped up a pitcher as a “winner,” a batter as … Continue reading

The Leadership Conference tries hard to convince itself that Americans support the Voting Rights Act

Everyone knows that pollsters can design questions that elicit the results they want. Indeed, even very subtle changes in poll questions can show that Americans either support or disapprove of any particular person or policy. That’s why reputable polling organizations take great pains … Continue reading

PLF files brief in the Supreme Court opposing race-based redistricting

We have previously blogged about the latest redistricting controversy to reach the Supreme Court. In these two combined cases, styled Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference v. Alabama, the plaintiffs contend that the redistricting plan for … Continue reading

Is the denial of preferential treatment discrimination?

One group in the State of Washington thinks so. White female contractors are threatening to sue that state’s department of transportation if they aren’t given preferential treatment based on their race and gender. The commotion stems from Washington’s implementation of the infamous … Continue reading

Brown signs bill that purports to overturn Schuette

Ten days ago, Governor Brown signed AB 2646 into law.  The stated purpose of the statute is return the law to where it was before the Supreme Court issued its opinion in Schuette v. BAMN — the case that upheld the … Continue reading

NR-PLF Supreme Court preview event: fish and raisin jokes, and some serious Supreme Court analysis

National Review/Pacific Legal Foundation’s “first annual” preview event on Monday of the Supreme Court’s term was a great success, as reflected by the live coverage and two re-broadcasts by C-SPAN. The event’s focus was on cases the Supreme Court had … Continue reading

An inside look at Fisher

There’s a new book out on Supreme Court Justice Sotomayor.  I have not read the book, but PLF friend Josh Blackman has the scoop on an interesting story about the Fisher decision in the book. According to Blackman (via Nina Totenberg), the case … Continue reading

President’s weekly report — October 3, 2014

United States Supreme Court — Cert petitions We’ve filed three petitions for writ of certiorari to the United States Supreme Court this week in three very important cases, each of which could contribute substantially to individual freedom if granted. First … Continue reading

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