Schuette victory: The Scalia concurrence

Justices Scalia and Thomas counted for two of the six votes in favor of Proposal 2′s constitutionality.  Unlike Justice Kennedy, however, Justice Scalia’s opinion — joined by Justice Thomas — would not save the political structure doctrine.  Scalia’s concurrence argues … Continue reading

Schuette victory: The plurality (Kennedy) opinion

As I predicted last year, Justice Breyer voted to uphold Proposal 2.  With Justice Kagan’s recusal, that means the Court voted 6-2 in favor of the constitutionality of the Michigan Amendment. Despite the overwhelming support for the constitutionality of Proposal … Continue reading

Supreme Court victory in Schuette v. Coalition to Defend Affirmative Action

After eight years of litigation, Michigan’s decision to ban governmental racial classifications has been upheld by the Supreme Court. PLF has been heavily involved in this case since its inception — we represented the ballot sponsors — and this decision … Continue reading

It’s a “failure” to be white

The latest episode of Idiotic College Administrators, brings us this disgrace from the President of Western Washington University: “[I]f in decades ahead, we are as white as we are today, we will have failed as university.” It seems the President of WWU, Bruce … Continue reading

Unequal pay?

There’s been a lot of high-profile talk about equality lately.  President Barack Obama has been trying to make political hay by railing against unequal pay between the sexes, and former President Jimmy Carter recently expressed similar sentiment in a speech. … Continue reading

EEOC: disparate impact for thee, but not for me

Yesterday the Sixth Circuit shut down the Equal Employment Opportunity Commission’s suit against Kaplan University in EEOC v. Kaplan.  EEOC had alleged that Kaplan’s policy of conducting credit checks on job applicants had a disparate impact on minorities.  Perhaps EEOC … Continue reading

“An egregious example of scientific dishonesty”

Back in August I reported on a case out of the federal district court in Maryland, where the EEOC was trying to stop a business from undertaking criminal background checks on job-applicants.  In EEOC v. Freeman, the district court rejected … Continue reading

Fighting to restore Title VII — Shea v. Kerry

Title VII of the Civil Rights Act of 1964 was an historic piece of legislation.  The statute  prohibits racial discrimination in employment:  The text of Title VII is explicit: [It shall be unlawful] to fail or refuse to hire or … Continue reading

Will the government sue itself for disparate impact discrimination?

According to this article in the Wall Street Journal, the government regulators who rely on disparate impact theory to bring discrimination claims against businesses may themselves be liable for disparate impact discrimination. In 2010, Congress created yet another government agency, … Continue reading

We’re blowing out the candles!

On this date 41 years ago, Pacific Legal Foundation was founded in Sacramento as America’s first freedom-based public interest legal organization. Drawing inspiration from then-Governor Ronald Reagan, several members of his senior staff left public service to establish PLF. “On … Continue reading