Trying to avoid disparate impact causes a disparate impact

You can’t make this stuff up.  Banks have been under intense scrutiny from Obama Administration for lending practices that result in a disparate impact against racial minorities.  To avoid such threatening lawsuits, a small bank in Maryland put in place a practice that … Continue reading

The Economist on affirmative action

Last week, The Economist‘s cover story argued against the continued use of race-based affirmative action in the United States.  The lead article is well worth your time and can be found here.  The article discusses the upcoming decision in Fisher … Continue reading

Another one bites the dust

The Tennessee bill to ban race or sex preferences in government hiring, which we previously reported on here, is dead.  Readers will recall that the bill was amended at last minute to prohibit race preferences granted solely on race or … Continue reading

A watered down victory for equality under the law in Tennessee

This week the Tennessee House of Representatives passed a bill that bans the state government from granting race and sex preferences.  What should have been a victory for proponents of equality under the law became a nonissue when the bill was … 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

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