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

Supreme Court issues decision in Alabama redistricting cases

This morning, the Supreme Court issued its decision in the combined Alabama redistricting cases – Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference vs. Alabama. PLF filed this amicus brief before the Court. The plaintiffs in these cases … 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 on the law and Dickens — February 20, 2015

Economic Liberty Project — Challenging another competitor’s veto We filed this complaint this week challenging Nevada’s version of a competitor’s veto in Perlman v. Mackay.  Here the owners of an limousine and moving services would like to expand in Nevada — but … 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

Do the words “or otherwise” change the meaning of the Fair Housing Act?

The Supreme Court will soon decide whether the Fair Housing Act allows for disparate impact liability. At oral argument, Justice Sotomayor highlighted a major issue in the case: words that unambiguously impose liability for disparate treatment (“to refuse to sell … 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