California stands up for equality

Proposition 209 is not going anywhere.  Efforts by certain lawmakers to repeal California’s landmark constitutional amendment ended yesterday when the the amendment’s sponsors decided to table further voting.  Students graduating in the next couple of years from California’s public high … Continue reading

President’s weekly report — March 14, 2014

Property Rights — Supreme Court Victory! The United States Supreme Court handed down an 8 – 1 victory in Brandt v. United States, a case brought and argued by our allies at Mountain States Legal Foundation.  As explained more in … Continue reading

Effort to reinstate racial preferences puts affirmative action into new light

An effort to reinstate affirmative action in California highlights the paradigm shift that is happening with respect to the purposes and effects of affirmative action.  The affirmative-action paradigm is that affirmative action allows universities to admit racial/ethnic minorities over more-deserving … Continue reading

Fighting to restore Title VII — Shea v. Kerry

Title VII of the Civil Rights Act of 1964 was an historic piece of legislation.  The statute  prohibits racial discrimination in employment:  The text of Title VII is explicit: [It shall be unlawful] to fail or refuse to hire or … Continue reading

Does “diversity” require race-based recruiting in college basketball?

There are many factors that college basketball coaches consider when making recruitment decisions.  These may include how well an athlete can shoot, dribble, pass, rebound, as well as how the athlete gets along with other players and coaches.  But if universities … Continue reading

Don’t keep us out of the environment

The National Environmental Policy Act (NEPA) was intended to protect the human environment, not to keep humans out of the environment.  Yet that is exactly how the United States Forest Service is using NEPA - to keep people away from forests.  The Service is closing forest access … Continue reading

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