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

It’s a “failure” to be white

The latest episode of Idiotic College Administrators, brings us this disgrace from the President of Western Washington University: “[I]f in decades ahead, we are as white as we are today, we will have failed as university.” It seems the President of WWU, Bruce … Continue reading

Will the government sue itself for disparate impact discrimination?

According to this article in the Wall Street Journal, the government regulators who rely on disparate impact theory to bring discrimination claims against businesses may themselves be liable for disparate impact discrimination. In 2010, Congress created yet another government agency, … Continue reading

California Senate wants voters to give state universities the power to discriminate

In a vote that fell along strict party lines, the California Senate Democrat supermajority voted yesterday to put a controversial constitutional amendment on the November ballot. SCA5 would give universities the power to judge students on the basis of race … Continue reading

Will one of the Supreme Court’s worst decisions finally be overruled?

In 1944, the Supreme Court — in one of its most widely-condemned decisions — shamefully upheld the constitutionality of the internment of Japanese-Americans across the West Coast. It did so paying lip service to the Constitution’s deep distrust of government … Continue reading

Courts must protect the politically powerless from having their property rights abused

Pacific Legal Foundation has filed an amici brief in the Supreme Court of New Jersey on behalf of itself, the National Federation of Independent Business, Institute for Justice and Ilya Somin arguing that New Jersey courts must take seriously their obligation … 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

Surprise, surprise: California Attorney General urges Supreme Court to uphold disparate impact

Sadly, we’re not surprised by this news.   The California Attorney General filed a brief in support of racial preferences in Fisher.   The California AG filed a brief in favor of the constitutionality of Section 5 of the Voting Rights Act in … Continue reading

Another hit against the Obama Administration’s disparate impact crusade

In previous posts, we have explained how the Obama Administration has been exploiting disparate impact theory in unprecedented ways.  There seems to be simply no possible avenue for American businesses, schools, governments, or employers to avoid being dragged into a … Continue reading