Schuette victory: The plurality (Kennedy) opinion

As I predicted last year, Justice Breyer voted to uphold Proposal 2.  With Justice Kagan’s recusal, that means the Court voted 6-2 in favor of the constitutionality of the Michigan Amendment. Despite the overwhelming support for the constitutionality of Proposal … Continue reading

Unequal pay?

There’s been a lot of high-profile talk about equality lately.  President Barack Obama has been trying to make political hay by railing against unequal pay between the sexes, and former President Jimmy Carter recently expressed similar sentiment in a speech. … Continue reading

EEOC: disparate impact for thee, but not for me

Yesterday the Sixth Circuit shut down the Equal Employment Opportunity Commission’s suit against Kaplan University in EEOC v. Kaplan.  EEOC had alleged that Kaplan’s policy of conducting credit checks on job applicants had a disparate impact on minorities.  Perhaps EEOC … Continue reading

PLF opposes racial discrimination by community college

A community college recently planned a “happy hour” event about diversity.  The college sent an e-mail about the event to all of the college’s staff members – and the e-mail explained that white people were not invited. The administration of … Continue reading

California stands up for equality

Proposition 209 is not going anywhere.  Efforts by certain lawmakers to repeal California’s landmark constitutional amendment ended yesterday when the the amendment’s sponsors decided to table further voting.  Students graduating in the next couple of years from California’s public high … Continue reading

President’s weekly report — March 14, 2014

Property Rights — Supreme Court Victory! The United States Supreme Court handed down an 8 – 1 victory in Brandt v. United States, a case brought and argued by our allies at Mountain States Legal Foundation.  As explained more in … Continue reading

Effort to reinstate racial preferences puts affirmative action into new light

An effort to reinstate affirmative action in California highlights the paradigm shift that is happening with respect to the purposes and effects of affirmative action.  The affirmative-action paradigm is that affirmative action allows universities to admit racial/ethnic minorities over more-deserving … Continue reading

Fighting to restore Title VII — Shea v. Kerry

Title VII of the Civil Rights Act of 1964 was an historic piece of legislation.  The statute  prohibits racial discrimination in employment:  The text of Title VII is explicit: [It shall be unlawful] to fail or refuse to hire or … Continue reading

Does “diversity” require race-based recruiting in college basketball?

There are many factors that college basketball coaches consider when making recruitment decisions.  These may include how well an athlete can shoot, dribble, pass, rebound, as well as how the athlete gets along with other players and coaches.  But if universities … Continue reading

California Senate wants voters to give state universities the power to discriminate

In a vote that fell along strict party lines, the California Senate Democrat supermajority voted yesterday to put a controversial constitutional amendment on the November ballot. SCA5 would give universities the power to judge students on the basis of race … Continue reading