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

City of Tulsa stuns residents by proclaiming it will follow the law – really

It must come as welcome news to Tulsa residents to learn that their city officials have finally decided to obey the Oklahoma Constitution.  In November 2012, Oklahoma voters passed an initiative that amended the state constitution by adding Article II, Section 36A.  … Continue reading

The social injustice of government race-based contracting programs

PLF attorneys are filing a brief in support of Midwest Fence Corporation in its “David versus Goliath” legal challenge against race-based public contracting programs in Illinois.  Both federal and state programs are at issue, and Midwest Fence had to sue several … Continue reading

President’s weekly report — August 8, 2014

Environment — Victory in California Supreme Court The California Supreme Court issued a unanimous decision in Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores).  There, after Tuolumne County voters submitted an initiative allowing a Wall-Mart store, the County adopted … Continue reading

PLF continues to support Abigail Fisher

Yesterday PLF filed this brief amicus curiae in support of Abigail Fisher.  PLF was joined on the brief by our friends from Center for Equal Opportunity, Project 21, Reason Foundation, and Individual Rights Foundation.  Ms. Fisher continues to fight for her right … Continue reading

President’s weekly report — August 1, 2014

Obamacare — When is a Tax not a Tax? We received a negative decision from the D.C. Circuit in Sissel v. U.S. Department of Health and Human Services.  This was our challenge to the Obamacare scheme based on the fact … Continue reading

California insists “race” is a qualification for public office

California voters hoping to serve on the next Citizens Redistricting Commission better make sure they’re a member of the right “race” when they apply.  Forget the Fourteenth Amendment.  A California statute requires that members of the Commission be chosen partly on … Continue reading

President’s weekly report — July 18, 2014

Equality Under the Law Project — Implicit Bias Victory The Iowa Supreme Court today issued this unanimous opinion in Pippen v. State of Iowa, tossing out an “implicit bias” discrimination lawsuit against the State of Iowa. Under the theory of … Continue reading

Fifth Circuit: Univ of Texas may admit students using race

Should public universities make admissions decisions based on a student’s race?  Last year, in Fisher v. University of Texas, the Supreme Court held that race could be considered, but only after a university establishes that its use of race is … Continue reading