Fisher: The final chapter?

This morning PLF filed this amicus curiae brief in the Supreme Court of the United States in Fisher v. University of Texas at Austin.  We were joined on the brief by Center for Equal Opportunity, American Civil Rights Institute, National Association of … Continue reading

New York Times op-ed wrong on PLF cases

Though much of constitutional discourse today focuses on liberties enshrined in the Bill of Rights, the real genius of the Constitution lies in its use of structural devices. One such device is the doctrine of standing, embedded in Article III, which permits federal courts … Continue reading

Court tells prime contractor: Discriminate, or don’t bid

The Seventh Circuit issued a decision this week that basically tells prime contractors this: If you don’t want to discriminate against subcontractors on the basis of race and sex, then don’t bid on public contracts. The case is Dunnet Bay … Continue reading

Fifth Circuit’s Texas voter ID opinion is a mixed bag

Yesterday, a Fifth Circuit panel issued its opinion in the controversial Texas voter ID case. The case involves challenges under the Voting Rights Act as well as the Fourteenth, Fifteenth, and Twenty-Fourth Amendments. Particularly at issue was whether Texas’ effort … Continue reading

Los Angeles court redefines discrimination under Proposition 209

In early May, the Los Angeles Court of Appeal issued a decision in Cesar Baez v. California Public Employees’ Retirement System.  The decision is, for the most part, unremarkable.  But there is one controversial section that, contrary to existing case law, severely limits protections adopted by the voters in Proposition 209 in … Continue reading

New PLF podcast on Fisher

Last week the Supreme Court decided to hear Abigail Fisher’s case against the University of Texas for a second time. Ms. Fisher is challenging the University’s decision to reject her application for admission to the University in part because she … Continue reading

More on disparate impact and the Fair Housing Act

The Washington Examiner published my opinion-editorial yesterday on the Supreme Court’s disappointing decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc.  Last week, the Court held that the Fair Housing Act (FHA), Title VIII of the … Continue reading

Supreme Court agrees to review Univ of Texas racial preferences – again

It has been a long road for Abigail Fisher, but she will have her day once again in the Supreme Court of the United States.  Two years ago the Court rightly ruled that tax-supported universities don’t deserve the benefit of the … Continue reading

Supreme Court holds Fair Housing Act prohibits disparate impact discrimination

In a disappointing 5-4 decision written by Justice Kennedy, the Supreme Court held today that the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, encompasses claims for disparate impact.  The majority insists that disparate-impact claims are consistent with … Continue reading

FAA largely scraps merit-based testing for air traffic controllers

PLF friend Hans Bader reports on some awfully disturbing news out of the Federal Aviation Administration.  It seems the FAA has scrapped merit-based testing for air traffic controllers in lieu of diversity-based screening. For one FAA manager feeling the pressure to promote diversity, even … Continue reading