Public contracting should be based on transparency, not race

Last week’s unfortunate ruling by a federal judge tossing out a case against government discrimination shows just how entrenched racial preferences have become.  In Midwest Fence v. United States Department of Transportation, a small guard rail installation subcontractor submitted the lowest … Continue reading

President’s weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here … Continue reading

President’s weekly report — March 13, 2015

Property Rights — Coastal project victory We had another fine preliminary victory against the California Coastal Commission in Beach & Bluff Conservancy v. City of Solana Beach and California Coastal Commission.  Here, we are challenging a local coastal plan adopted by the … Continue reading

Making a custom suit with no client in mind: Abigail Fisher returns to the Supreme Court

Abigail Fisher’s equal protection claim is once again before the Supreme Court. Today PLF — joined by our friends at the Center for Equal Opportunity, the American Civil Rights Institute, Project 21, and the National Association of Scholars — filed this brief in support … Continue reading

Will Oregon’s statistical study justify state-sponsored race discrimination?

The last time the Oregon Department of Transportation (ODOT) asked highway construction contractors to comment on its race-conscious affirmative action contracting program, the response was uniform condemnation.  Male and female general contractors and subcontractors of all races criticized ODOT’s program, … Continue reading

President’s weekly report — February 27, 2015

Overcriminalization and the fishy abuse of Sarbanes-Oxley The United States Supreme Court issued a good decision in Yates v. United States, in favor of fisherman John Yates.  As described in our blog,  because Yates threw some undersized fish overboard after an inspection, … Continue reading

Victory in EEOC v. Freeman; strong rebuke for the EEOC

This morning the Fourth Circuit rejected the Equal Employment Opportunity Commission’s latest attempt to expand disparate impact law.  In EEOC v. Freeman, the government brought suit against a company that ran employee applicants through criminal background checks before hiring them. The EEOC alleged that … Continue reading

Is HUD’s interpretation of the Fair Housing Act “wishful thinking on steroids”?

Last month the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.  In that case, the Court will decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA).  Todd Gaziano, … Continue reading

President’s weekly report — January 23, 2015

Property Rights — New Jersey rejects takings claim The New Jersey Supreme Court issued this adverse ruling in Griepenburg v. Township of Ocean.  In that case the New Jersey Supreme Court held that a local government can zone a property … Continue reading

Oral argument held in Shea v. Kerry

On Tuesday of this week I was in Washington, D.C. arguing Shea v. Kerry before the D.C. Circuit Court of Appeals.  This case involves a challenge to the State Department’s discriminatory affirmative action program for Foreign Service officers.  The facts of … Continue reading