California Senate wants voters to give state universities the power to discriminate

In a vote that fell along strict party lines, the California Senate Democrat supermajority voted yesterday to put a controversial constitutional amendment on the November ballot. SCA5 would give universities the power to judge students on the basis of race … 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

Discriminating judge undeterred by benchslap

Last month, Justice Alito issued a statement regarding the Supreme Court’s decision not to review a class member’s challenge to an order requiring discrimination in the selection of attorneys to represent the class. As Alito explained, the case didn’t merit … Continue reading

Surprise, surprise: California Attorney General urges Supreme Court to uphold disparate impact

Sadly, we’re not surprised by this news.   The California Attorney General filed a brief in support of racial preferences in Fisher.   The California AG filed a brief in favor of the constitutionality of Section 5 of the Voting Rights Act in … Continue reading

Coverage of PLF at the Supreme Court for Schuette

Last week I was in Washington, D.C. for the oral argument in Schuette v. Coalition to Defend Affirmative Action.  This is the case that is challenging whether voters have the right to prohibit racial preferences by government.  In 1996, California voters becase the … 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

Another hit against the Obama Administration’s disparate impact crusade

In previous posts, we have explained how the Obama Administration has been exploiting disparate impact theory in unprecedented ways.  There seems to be simply no possible avenue for American businesses, schools, governments, or employers to avoid being dragged into a … Continue reading

Courts can’t ignore discrimination in the political process

Today PLF attorneys filed an amicus brief in the Ninth Circuit supporting Arnold Davis, a Guam resident defending his right to participate in the political process irrespective of his race. The Guam legislature authorized a referendum regarding the island’s future … Continue reading

The EEOC continues to take a beating in the Kaplan case

A few months back I reported on the case of Equal Employment Opportunity Commission (EEOC) v. Kaplan Higher Education Corporation (Kaplan).  This is the case where Kaplan instituted a policy of running credit checks for applicants to certain positions that … 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