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

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

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