Universities hide their use of race in admissions

No university that uses racial preferences in its admissions process seriously questions whether racial preferences are beneficial — or whether the undeniable costs of its policy outweigh the benefits. Moreover, these discriminating universities refuse to heed the Supreme Court’s repeated command that racial preferences … Continue reading

Fisher: Is the Roberts Court playing the long game?

This week marks the start of another exciting Supreme Court term. One of the biggest cases this year is Fisher v. University of Texas at Austin, now at the Court for the second time. Two years ago, the Supreme Court held … Continue reading

President’s weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here … Continue reading

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from … Continue reading

Fifth Circuit denies rehearing en banc in Fisher v. University of Texas

The case of Abigail Fisher may be on its way to the Supreme Court a second time.  The Fifth Circuit Court of Appeals denied her petition for rehearing en banc. Judge Garza filed a short dissent reiterating the points he made in his … Continue reading

PLF files brief in the Supreme Court opposing race-based redistricting

We have previously blogged about the latest redistricting controversy to reach the Supreme Court. In these two combined cases, styled Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference v. Alabama, the plaintiffs contend that the redistricting plan for … Continue reading

President’s weekly report — August 15, 2014

Equality Under the Law — Government discrimination in contracting We filed this brief in Midwest Fence v. United States Department of Transportation.  Midwest Fence has been embroiled in litigation defending its right to bid for government contracts in Illinois on the same … Continue reading

Fifth Circuit: Univ of Texas may admit students using race

Should public universities make admissions decisions based on a student’s race?  Last year, in Fisher v. University of Texas, the Supreme Court held that race could be considered, but only after a university establishes that its use of race is … Continue reading

Support for disparate-impact doctrine is based on misconceptions

While support for racial preferences is declining across all demographics, disparate-impact theory continues to grow. Attorney General Eric Holder recently reaffirmed the Obama Administration’s commitment to the doctrine when speaking at Morgan State University. If Americans are staunchly opposed to … 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