Coastal Commission rides roughshod over billboard owners’ property rights

The California Coastal Commission is at it again, trying to rid the coastal zone of all things private and commercial.  But this time, it’s doing so indirectly–using another state agency to do its bidding. The California Department of Transportation (Caltrans) … Continue reading

Ninth Circuit: Caltrans can continue its multiracial discrimination

The disappointing decision by the Ninth Circuit yesterday in AGC San Diego v California Department of Transportation (Caltrans) means that Caltrans can continue its policy of multiracial discrimination. Caltrans imposes a one-size-fits-all racial preference on all federally assisted transportation construction and … Continue reading

Robbing Sanjay to pay Xuan

Useful innocent? Useful idiot?  No, just uninformed.  At least that appears to be the explanation for a contractor who expressed delight with a court ruling that allows the government to continue its racial discrimination . . . against him. In 2011, a federal … Continue reading

Feds approve California’s policy of multiracial discrimination

Is race a qualification for contractors in California?  Last November, the United States Department of Transportation approved the policy of the California Department of Transportation (Caltrans) that 9.5% of the federal funds the state receives for transportation projects will go to … Continue reading

Caltrans: “Disparate impact justifies racial preferences.”

In my last post about our case Associated General Contractors of America, San Diego Chapter  v. California Department of Transportation (Caltrans), I described how Caltrans implements the federal Disadvantaged Business Enterprise (DBE) program in a way that requires prime contractors to … Continue reading

The Caltrans Local Assistance Program: Money for discrimination

Earlier this week I participated in oral argument before the Ninth Circuit Court of Appeals for our case in Associated General Contractors of America, San Diego Chapter v. California Department of Transportation (Caltrans).  As a condition of taking federal highway … Continue reading

Remembering Dr. Martin Luther King Jr.

Today we remember the perseverance, passion, and dream of one our nation’s greatest advocates for liberty and equality under the law: Dr. Martin Luther King, Jr.  He fought tirelessly to end segregation and discrimination, and changed the course of history … Continue reading

President’s weekly report — December 14, 2012

Environment — Clean Water Act We filed our complaint on behalf of Peter and Frankie Smith against the Army Corps of Engineers.  At issue is whether a mostly dry arroyo, 25 miles from the Rio Grande, is a water of the United … Continue reading

Is Obama’s victory a sign of “racial progress?”

Following Obama’s victory last week, Ilya Somin of the Volokh Conspiracy wrote that “it’s certainly a sign that racism has greatly declined, and that African-Americans are more fully accepted in mainstream American society than ever before.”  There is a certain … Continue reading

California spends nearly a quarter million to move a grocery store shrub

Stop me if you heard this one before.   How did the shrub cross the road?  By calling CalTrans, US Fish & Wildlife, California Department of Fish & Game, the Wild Equity Institute, the Center for Bilogical Diversity, the California Native Plant … Continue reading