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

Supreme Court denies review of district court’s racially discriminatory order

This morning, the Supreme Court declined to review the appeal of Nicolas Martin, a class member who objected to the use of his race and that of his fellow class members to discriminate in the appointment of class counsel. In … Continue reading

Coverage of PLF at the Supreme Court for Schuette

Last week I was in Washington, D.C. for the oral argument in Schuette v. Coalition to Defend Affirmative Action.  This is the case that is challenging whether voters have the right to prohibit racial preferences by government.  In 1996, California voters becase the … Continue reading

PLF files amicus brief in Fisher v. University of Texas

Today, Pacific Legal Foundation filed this amicus brief in Fisher v. University of Texas—which is in the Fifth Circuit after being remanded from the Supreme Court last summer.  We were joined on the brief by the American Civil Rights Institute (ACRI), the Center … Continue reading

Preliminary Fisher round-up

It’s only been a few hours since the Court announced its 7-1 opinion in Fisher v. University of Texas.  The Court upheld (for the time being) diversity in education as a legitimate goal that universities could pursue, but instructed the … Continue reading

There’s more than one Fisher speculation in the sea

Over at PrawfsBlawg, Prof. Will Baude asks why the Supreme Court is taking so long to decide Fisher. As readers know, the case challenges the University of Texas’ use of racial preferences in its admission process. PLF filed a brief … Continue reading

The Economist on affirmative action

Last week, The Economist‘s cover story argued against the continued use of race-based affirmative action in the United States.  The lead article is well worth your time and can be found here.  The article discusses the upcoming decision in Fisher … Continue reading