Universities hide their use of race in admissions

No university that uses racial preferences in its admissions process seriously questions whether racial preferences are beneficial — or whether the undeniable costs of its policy outweigh the benefits. Moreover, these discriminating universities refuse to heed the Supreme Court’s repeated command that racial preferences … Continue reading

Fisher: Is the Roberts Court playing the long game?

This week marks the start of another exciting Supreme Court term. One of the biggest cases this year is Fisher v. University of Texas at Austin, now at the Court for the second time. Two years ago, the Supreme Court held … Continue reading

Will Cincinnati award contracts based on race?

  Last year the City of Cincinnati agreed to pay a California-based company about $1 million to analyze city contracts for evidence of discrimination. The disparity study, which was actually completed in July, was finally released to the public this … Continue reading

Is the University of Texas engaging in unconstitutional racial balancing?

In Grutter v. Bollinger, the Supreme Court permitted the consideration of race in college admissions for a limited purpose of securing the benefits of a diverse student body. The Court reasoned that a diverse student body helps prepare students for “an increasingly diverse … Continue reading

Fisher: The final chapter?

This morning PLF filed this amicus curiae brief in the Supreme Court of the United States in Fisher v. University of Texas at Austin.  We were joined on the brief by Center for Equal Opportunity, American Civil Rights Institute, National Association of … Continue reading

New York Times op-ed wrong on PLF cases

Though much of constitutional discourse today focuses on liberties enshrined in the Bill of Rights, the real genius of the Constitution lies in its use of structural devices. One such device is the doctrine of standing, embedded in Article III, which permits federal courts … Continue reading

Court tells prime contractor: Discriminate, or don’t bid

The Seventh Circuit issued a decision this week that basically tells prime contractors this: If you don’t want to discriminate against subcontractors on the basis of race and sex, then don’t bid on public contracts. The case is Dunnet Bay … Continue reading

Fifth Circuit’s Texas voter ID opinion is a mixed bag

Yesterday, a Fifth Circuit panel issued its opinion in the controversial Texas voter ID case. The case involves challenges under the Voting Rights Act as well as the Fourteenth, Fifteenth, and Twenty-Fourth Amendments. Particularly at issue was whether Texas’ effort … Continue reading

Los Angeles court redefines discrimination under Proposition 209

In early May, the Los Angeles Court of Appeal issued a decision in Cesar Baez v. California Public Employees’ Retirement System.  The decision is, for the most part, unremarkable.  But there is one controversial section that, contrary to existing case law, severely limits protections adopted by the voters in Proposition 209 in … Continue reading