FAA largely scraps merit-based testing for air traffic controllers

PLF friend Hans Bader reports on some awfully disturbing news out of the Federal Aviation Administration.  It seems the FAA has scrapped merit-based testing for air traffic controllers in lieu of diversity-based screening. For one FAA manager feeling the pressure to promote diversity, even … Continue reading

President’s weekly report — January 23, 2015

Property Rights — New Jersey rejects takings claim The New Jersey Supreme Court issued this adverse ruling in Griepenburg v. Township of Ocean.  In that case the New Jersey Supreme Court held that a local government can zone a property … Continue reading

Do federal civil rights laws guarantee equal outcomes? Join me for a discussion after the Supreme Court oral argument on January 21.

Liberty Blog has several great posts, including here, here, and here, discussing the significant equal protection issues in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project. The Pacific Legal Foundation’s excellent amicus brief by my Sacramento … Continue reading

President’s weekly report — January 16, 2015

The Raisins are Dancing Again — cert grant The Supreme Court granted cert in Horne v. United States, making this the second trip to the Court for the dancing raisins.  Under a depression-era statute, raisin growers must give a substantial … Continue reading

Supreme Court to hear oral argument in disparate impact case next week

Next Wednesday, the Supreme Court will hear oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project Inc. The issue presented in the case is whether disparate impact liability is cognizable under the Fair Housing … Continue reading

Ringing in the new year with news of court victories for liberty

The new year has brought news of victories for liberty across the fruited plain. Earlier this week, the Weston (Ct.) Forum reported on a five-million dollar jury verdict in favor of a property owner and against the town of Weston for … Continue reading

President’s weekly report — December 5, 2014

Property Rights — The Public Trust Doctrine like The Blob? PLF attorneys filed an amicus brief with the Oregon Court of Appeals in Kramer v. City of Lake Oswego—a case in which two public access activists argue that the “public … Continue reading

Elite universities sued over race-based admissions

Yesterday, Harvard University and the University of North Carolina were sued over their race-based admissions practices. The complaints (here and here) describe, in detail, the divisive use of race at both universities. … Continue reading

President’s weekly report — November 14, 2014

Clean Water Act This week, we submitted comments on the Army Corps of Engineers and EPA’s proposed rule redefining the term “waters of the United States” under the Clean Water Act. The rule, if adopted, would be the largest expansion of power … 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