Federal courts expanding disparate impact analysis in recent Voting Rights Act cases

Here on the Liberty Blog, we have often posted about the perils of “disparate impact” laws; that is, laws that allow courts to find illicit discrimination in a facially neutral action without any showing of improper intent (here, here, and here, … 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

Race-based redistricting heads back to the Supreme Court

On November 12, the Supreme Court will hear oral arguments in a pair of legislative reapportionment cases: Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference v. Alabama.  Plaintiffs in these cases contend that the Alabama legislature violated the … Continue reading

Court rules PLF may continue to challenge discriminatory commissioner selection scheme

We received good news this week from the California Court of Appeal.  The court reversed a decision by the lower court, and allows us to continue our legal challenge against the California Citizens Redistricting Commission.  The court’s favorable decision is here.  As … Continue reading

Illinois politicians impose a “corruption tax”

It has been said that Illinois is plagued by unbridled corruption.  Almost 90 percent of Illinois voters agree.  After all, four of the past seven Illinois governors have been convicted and sentenced to prison.  So who pays for the numerous … Continue reading

Understanding the difference between disparate treatment and disparate impact

There are two types of discrimination recognized by our various civil rights laws: disparate treatment and disparate impact. The former is conscious, intentional discrimination.  The latter is unintentional, and is demonstrated through statistical disparities.  Here on the Liberty Blog we have often … Continue reading

City of Tulsa stuns residents by proclaiming it will follow the law – really

It must come as welcome news to Tulsa residents to learn that their city officials have finally decided to obey the Oklahoma Constitution.  In November 2012, Oklahoma voters passed an initiative that amended the state constitution by adding Article II, Section 36A.  … Continue reading

The social injustice of government race-based contracting programs

PLF attorneys are filing a brief in support of Midwest Fence Corporation in its “David versus Goliath” legal challenge against race-based public contracting programs in Illinois.  Both federal and state programs are at issue, and Midwest Fence had to sue several … Continue reading