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

Pippen v. Iowa: A victory for commonsense

In a unanimous opinion, the Iowa Supreme Court affirmed the trial court dismissing the plaintiffs’ disparate impact claims.  In this case, plaintiffs alleged that the subjective thoughts and biases of Iowa government officials caused a disparate impact on the basis of race.  To … 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

President’s weekly report — June 20, 2014

Property Rights — Koontz in Florida After our tremendous victory in Koontz v. St. John’s Water Management District, the United States Supreme Court sent the case back to the Florida courts.  The District is now attempting to reopen settled matters that … Continue reading

President’s weekly report — June 6, 2014

Environment — No trust in the air The D.C. Circuit issued this short unpublished per curiam decision in Alec L. v EPA, beating back a strange attempt to assert a “public trust” in the air.  This case seems to have been brought more … Continue reading

Schools illegally suspended students to comply with feds’ disparate-impact mandate?

A few months ago, I wrote about the Obama Administration’s announcement that it would apply disparate-impact theory to schools’ discipline policies. According to the Administration, a school presumably violates multiple federal laws if it punishes students of any particular race … Continue reading

Support for disparate-impact doctrine is based on misconceptions

While support for racial preferences is declining across all demographics, disparate-impact theory continues to grow. Attorney General Eric Holder recently reaffirmed the Obama Administration’s commitment to the doctrine when speaking at Morgan State University. If Americans are staunchly opposed to … Continue reading

Coastal Commission ignores local concerns (again)

Last week, I attended the California Coastal Commission meeting at the Inverness Yacht Club near the Point Reyes Seashore. As usual, the Commission scrutinized a wide variety of issues, some mundane, some unusual. These included: whether wireless antennas on the … Continue reading

Racial preferences are set for extinction

Over the past year, advocates of racial preferences have suffered so many setbacks that racial preferences are becoming extinct. … Continue reading