Why the Colbert Report is wrong about friend-of-the-court briefs

Various news and entertainment outlets have questioned the usefulness of friend-of-the-court briefs (also known as amicus briefs) at the Supreme Court. Both the New York Times and the Colbert Report recently endorsed a law professor’s article questioning the validity of … Continue reading

NR-PLF Supreme Court preview event: fish and raisin jokes, and some serious Supreme Court analysis

National Review/Pacific Legal Foundation’s “first annual” preview event on Monday of the Supreme Court’s term was a great success, as reflected by the live coverage and two re-broadcasts by C-SPAN. The event’s focus was on cases the Supreme Court had … Continue reading

Supreme Court to decide if the Fair Housing Act allows disparate impact claims

Today the Supreme Court announced it would accept review in the case Texas Dept. of Hous. & Community  Affairs v. Inclusive Communities Project on the one issue that has escaped resolution by the Court twice before. That issue is:  Are disparate-impact … Continue reading

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

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

President’s weekly report — August 15, 2014

Equality Under the Law — Government discrimination in contracting We filed this brief in Midwest Fence v. United States Department of Transportation.  Midwest Fence has been embroiled in litigation defending its right to bid for government contracts in Illinois on the same … Continue reading