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

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

Does the Equal Protection Clause guarantee unequal treatment?

Tomorrow, the Supreme Court will hear oral argument in Schuette v. Coalition to Defend Affirmative Action. The issue in that case is whether the Equal Protection Clause guarantees individuals the right to unequal – or preferential – treatment.  Logically, the answer should be … 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

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

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

President’s weekly report — February 15, 2013

Property Rights — Pretextual eminent domain Somebody at the Supreme Court is interested in what’s been going on in Guam — or at least the blatant pretextual taking of our client’s property in Ilagen v. Ungacta, a case described in … Continue reading

The Fisher oral argument: How are college applicants supposed to choose a race?

In addition to all of the other serious problems with UT’s (my alma mater) racially discriminatory admissions policy, the oral argument in Fisher highlights the absurdity of how race is used in college admissions.  The Chief Justice peppered the attorney for … Continue reading

The government can’t shield wrongly decided cases from the Constitution

During the Fisher oral argument (previously summarized here), Justice Breyer directly asked Abigail Fisher’s (the young woman who was denied admission to UT because of her race) lawyer whether the case that authorizes this unconstitutional discrimination should be overruled: JUSTICE … Continue reading

Fisher oral argument tomorrow

Tomorrow, from the steps of the U.S. Supreme Court, PLF’s Joshua Thompson will report on the oral arguments in the historic case Fisher v. University of Texas at Austin. Fisher is a case about a young woman who was turned … Continue reading