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

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

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

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

PLF’s Joshua Thompson on NPR to discuss Schuette

This morning I appeared on NPR’s On Point to discuss the Supreme Court’s decision in Schuette.  Taking the opposite view and debating me on the case was Columbia Law Professor Theodore Shaw.  You can listen to the podcast here. … Continue reading

Schuette victory: The Breyer concurrence

Yesterday I discussed Kennedy’s lead opinion in Schuette v. Coalition to Defend Affirmative Action as well as Justice Scalia’s concurring opinion.  Justice Breyer also voted to uphold Proposal 2, although his reasoning differs significantly from the other two opinions.  With Justice … Continue reading

PLF’s Meriem Hubbard in the USA Today on Schuette

PLF Principal Attorney Meriem Hubbard authored this op-ed in the USA Today this morning. Here’s a snippet: Counting Michigan, six states have outlawed race-based preferences at the polls. Now, with the green light from the court, voters everywhere should consider following … Continue reading

Schuette victory: The Scalia concurrence

Justices Scalia and Thomas counted for two of the six votes in favor of Proposal 2′s constitutionality.  Unlike Justice Kennedy, however, Justice Scalia’s opinion — joined by Justice Thomas — would not save the political structure doctrine.  Scalia’s concurrence argues … Continue reading

Schuette victory: The plurality (Kennedy) opinion

As I predicted last year, Justice Breyer voted to uphold Proposal 2.  With Justice Kagan’s recusal, that means the Court voted 6-2 in favor of the constitutionality of the Michigan Amendment. Despite the overwhelming support for the constitutionality of Proposal … Continue reading

Supreme Court victory in Schuette v. Coalition to Defend Affirmative Action

After eight years of litigation, Michigan’s decision to ban governmental racial classifications has been upheld by the Supreme Court. PLF has been heavily involved in this case since its inception — we represented the ballot sponsors — and this decision … Continue reading