President’s weekly report — December 31, 2015

School choice supported in Montana PLF sued the Montana Department of Revenue to fight a rule that forbids children who want to attend religious school from getting scholarship assistance. In May 2015, Montana became the 43rd state to adopt a school choice … Continue reading

Is the NCAA ban on felon coaches discriminatory? (hint: no)

The NCAA sponsors high school basketball tournaments and prohibits anyone who has been convicted of a felony from coaching in them. Dominic Hardie, a black high school basketball coach with felony conviction for drug possession on his record, has sued the NCAA for … Continue reading

More on disparate impact and the Fair Housing Act

The Washington Examiner published my opinion-editorial yesterday on the Supreme Court’s disappointing decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc.  Last week, the Court held that the Fair Housing Act (FHA), Title VIII of the … Continue reading

President’s weekly report — June 26, 2015

The physical invasion of the raisin snatchers — a property rights victory at the Supreme Court  In a week marked by several major Supreme Court decisions that were quite disappointing to advocates of limited government and the rule of law, there was one … Continue reading

The lingering constitutional problem with disparate impact

Today the Court held that disparate impact claims are cognizable under the Fair Housing Act (our earlier blog post on the case is here). The Court came to this conclusion as a matter of statutory interpretation, but didn’t say much … Continue reading

Supreme Court holds Fair Housing Act prohibits disparate impact discrimination

In a disappointing 5-4 decision written by Justice Kennedy, the Supreme Court held today that the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, encompasses claims for disparate impact.  The majority insists that disparate-impact claims are consistent with … Continue reading

President’s weekly report on the law and Dickens — February 20, 2015

Economic Liberty Project — Challenging another competitor’s veto We filed this complaint this week challenging Nevada’s version of a competitor’s veto in Perlman v. Mackay.  Here the owners of an limousine and moving services would like to expand in Nevada — but … Continue reading

Victory in EEOC v. Freeman; strong rebuke for the EEOC

This morning the Fourth Circuit rejected the Equal Employment Opportunity Commission’s latest attempt to expand disparate impact law.  In EEOC v. Freeman, the government brought suit against a company that ran employee applicants through criminal background checks before hiring them. The EEOC alleged that … Continue reading

Do the words “or otherwise” change the meaning of the Fair Housing Act?

The Supreme Court will soon decide whether the Fair Housing Act allows for disparate impact liability. At oral argument, Justice Sotomayor highlighted a major issue in the case: words that unambiguously impose liability for disparate treatment (“to refuse to sell … Continue reading

Is HUD’s interpretation of the Fair Housing Act “wishful thinking on steroids”?

Last month the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.  In that case, the Court will decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA).  Todd Gaziano, … Continue reading