Elite universities sued over race-based admissions

Yesterday, Harvard University and the University of North Carolina were sued over their race-based admissions practices. The complaints (here and here) describe, in detail, the divisive use of race at both universities. … Continue reading

Fifth Circuit denies rehearing en banc in Fisher v. University of Texas

The case of Abigail Fisher may be on its way to the Supreme Court a second time.  The Fifth Circuit Court of Appeals denied her petition for rehearing en banc. Judge Garza filed a short dissent reiterating the points he made in his … Continue reading

President’s weekly report — November 7, 2014

Property Rights — Coastal Land Rights Victory We received a mixed, but largely favorable opinion from the federal trial court in Sansotta v. Town of Nag’s Head. This is the case where the town refused to allow beachfront homeowners to … Continue reading

Democracy, distrust, and the Schuette dissent

Today is Election Day. As Justice Sotomayor noted in her dissent in Schuette v. BAMN, “we are fortunate to live in a democratic society. But without checks, democratically approved legislation can oppress minority groups. For that reason, our Constitution places limits on … Continue reading

Government plays all kinds of tricks

Halloween is the perfect time to highlight some of the ways overreaching government plays dirty tricks on unsuspecting Americans. In Pacific Legal Foundation’s portfolio of more than 120 cases, regulators can get quite creative — and destructive — in putting … Continue reading

There’s no such thing as “careful” discrimination

PLF friend Jennifer Gratz published an op-ed in the Washington Times today on the Administration’s desire to see racial preferences continue indefinitely.  Here’s a snippet: In today’s increasingly pluralistic society, race usually does not — and certainly should not — determine what … Continue reading

Moneyball Sentencing

University of New Mexico School of Law Professor Dawinder Sidhu has an excellent article available at SSRN about the criminal justice’s system increasing use of statistics to predict a defendant’s future dangerousness.  Professor Sidhu analogizes to the concept of Moneyball—or … Continue reading

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