Contracting preferences, the 49ers, and Proposition 209

This morning we learned that some “civil rights groups,” — i.e. groups that think skin color should factor into government decision making — have complained to the City of Santa Clara, the NFL, and, the San Francisco 49ers, that there are … 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

California high speed rail collides with the Constitution

Will discriminatory contract requirements derail the California high speed rail?  In June, the California High Speed Rail Authority (CHSRA) is expected to award its first ever contract for the design and construction of a segment of California’s high speed rail line.  … Continue reading

New article on the original meaning of the Fourteenth Amendment

Professor Michael Rappaport of the University of San Diego School of Law has released a new article titled, “Originalism and the Colorblind Constitution.”  The article’s strength lies in its rebuttal of arguments that the Fourteenth Amendment was never intended to … Continue reading

Race-based contracting is unconstitutional

So argues this op-ed that I co-authored with Roger Clegg published in the Washington Times this morning.  Here’s a snippet: Remedial discrimination makes less and less sense with every tick of the clock, as the days when black companies were not … Continue reading

President’s weekly report — March 29, 2013

Individual Rights — School Choice Victory We had a nice victory from the Indiana Supreme Court when it upheld in Meredith v. Pence that state’s school choice program. As we’ve explained, this is a great victory for school choice because … 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