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

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

President’s weekly report — January 10, 2014

Environment — Clean Water Act We filed this reply brief in Hawkes v. United States, the case where a peat farmer is trying to establish that his property is not subject to the jurisdiction of the Corps because it is not … Continue reading

President’s report — December 20, 2013

Obamacare — Origination Clause Challenge We filed this reply brief in Sissel v. Sibelius, our challenge to Obamacare based on the failure of the revenue-raising measure to originate in the House of Representatives, as required by the Constitution’s Origination Clause.  The … 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

Courts must protect the politically powerless from having their property rights abused

Pacific Legal Foundation has filed an amici brief in the Supreme Court of New Jersey on behalf of itself, the National Federation of Independent Business, Institute for Justice and Ilya Somin arguing that New Jersey courts must take seriously their obligation … 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