The gavel is down: the High Court is in session

As is its tradition, the Supreme Court began its new Term on the first Monday in October. In the weeks leading up to that day, many organizations host “preview” events (especially in Washington, DC) with leading Supreme Court advocates and … Continue reading

Is the University of Texas engaging in unconstitutional racial balancing?

In Grutter v. Bollinger, the Supreme Court permitted the consideration of race in college admissions for a limited purpose of securing the benefits of a diverse student body. The Court reasoned that a diverse student body helps prepare students for “an increasingly diverse … 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

Oral argument held in Shea v. Kerry

On Tuesday of this week I was in Washington, D.C. arguing Shea v. Kerry before the D.C. Circuit Court of Appeals.  This case involves a challenge to the State Department’s discriminatory affirmative action program for Foreign Service officers.  The facts of … Continue reading

President’s weekly report — January 16, 2015

The Raisins are Dancing Again — cert grant The Supreme Court granted cert in Horne v. United States, making this the second trip to the Court for the dancing raisins.  Under a depression-era statute, raisin growers must give a substantial … Continue reading

Elite universities sued over race-based admissions

Yesterday, Harvard University and the University of North Carolina were sued over their race-based admissions practices. The complaints (here and here) describe, in detail, the divisive use of race at both universities. … Continue reading

What can Moneyball teach us about the debate over racial preferences?

Some things are accepted as so obvious that people rarely ask whether they are true. Take baseball for example. There used to be a time when fans and managers alike hyped up a pitcher as a “winner,” a batter as … 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

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

Discriminating judge undeterred by benchslap

Last month, Justice Alito issued a statement regarding the Supreme Court’s decision not to review a class member’s challenge to an order requiring discrimination in the selection of attorneys to represent the class. As Alito explained, the case didn’t merit … Continue reading