How the Supreme Court launched the disparity study industry

This last Sunday the Wall Street Journal published an excellent article written by Roger Clegg of the Center for Equal Opportunity, and John Sullivan of Croson Legal Services.  The article marks the 25th anniversary of an important Supreme Court decision … Continue reading

Feds threaten schools with disparate-impact liability

The Obama Administration recently sent a warning to the nation’s schools to not racially discriminate against students.  The warning came in the form of a “dear colleague” letter, which explains how the U.S. Departments of Justice and Education interpret Titles … Continue reading

Will one of the Supreme Court’s worst decisions finally be overruled?

In 1944, the Supreme Court — in one of its most widely-condemned decisions — shamefully upheld the constitutionality of the internment of Japanese-Americans across the West Coast. It did so paying lip service to the Constitution’s deep distrust of government … Continue reading

Study shows EEOC’s disparate impact cure is worse than the disease

A group of congressmen have introduced a bill that would ban employers from considering job applicants’ credit histories.  As we’ve noted before, the Equal Employment Opportunity Commission has proscesuted companies’ for using credit and background checks due to the practices’ purported … Continue reading

State Bar of California must produce records … probably

Today, the California Supreme Court issued its opinion in Sander v. State Bar of California.  In this case, longtime PLF friend and author of Mismatch, Professor Richard Sander, seeks data from the State Bar that would reveal whether racial preferences … Continue reading

PLF argues government can’t enact laws solely to protect existing businesses from legitimate competition

Milwaukee resident Ghaleb Ibrahim simply wants to own and operate his own taxicab.  But that city’s ordinance denies him the right to earn a living as a taxicab driver—not because he is unqualified, but because Milwaukee capped the amount of available … Continue reading

Discriminating judge undeterred by benchslap

Last month, Justice Alito issued a statement regarding the Supreme Court’s decision not to review a class member’s challenge to an order requiring discrimination in the selection of attorneys to represent the class. As Alito explained, the case didn’t merit … Continue reading

Supreme Court denies review of district court’s racially discriminatory order

This morning, the Supreme Court declined to review the appeal of Nicolas Martin, a class member who objected to the use of his race and that of his fellow class members to discriminate in the appointment of class counsel. In … Continue reading

President’s weekly report — November 15, 2013

Equality Under the Law Program — Disparate Impact We have mixed emotions about the settlement in Township of Mt. Holly v. Mt. Holly Gardens.  This is the case where homeowner challengers to a redevelopment plan brought a “disparate impact” claim … Continue reading

Settlement in disparate impact case means more government discrimination

Proponents of racial preferences and race-conscious decision making must be breathing easier today after reports surfaced about the approved settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action. The case concerns controversial redevelopment efforts by the … Continue reading