The disappointing decision by the Ninth Circuit yesterday in AGC San Diego v California Department of Transportation (Caltrans) means that Caltrans can continue its policy of multiracial discrimination. Caltrans imposes a one-size-fits-all racial preference on all federally assisted transportation construction and … Continue reading
This week the Tennessee House of Representatives passed a bill that bans the state government from granting race and sex preferences. What should have been a victory for proponents of equality under the law became a nonissue when the bill was … Continue reading
Will discriminatory contract requirements derail the California high speed rail? In June, the California High Speed Rail Authority (CHSRA) is expected to award its first ever contract for the design and construction of a segment of California’s high speed rail line. … Continue reading
Professor Michael Rappaport of the University of San Diego School of Law has released a new article titled, “Originalism and the Colorblind Constitution.” The article’s strength lies in its rebuttal of arguments that the Fourteenth Amendment was never intended to … Continue reading
So argues this op-ed that I co-authored with Roger Clegg published in the Washington Times this morning. Here’s a snippet: Remedial discrimination makes less and less sense with every tick of the clock, as the days when black companies were not … Continue reading
In this excellent post from Discriminations, John Rosenberg describes the five fallacies of the Sixth Circuit’s “jaw-dropping” decision in Schuette v. Coalition to Defend Affirmative Action. In Schuette, the court said Michigan’s voters had somehow violated the U.S. Constitution’s Equal … Continue reading
After 31 years, the Supreme Court will finally take another look at the “political structure” doctrine. If you didn’t read Monday’s post by PLF College of Public Interest Law fellow, Jonathan Wood, you may be unfamiliar with that doctrine. In 1969, and again in 1982, the United … Continue reading