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

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

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

Caltrans: “Disparate impact justifies racial preferences.”

In my last post about our case Associated General Contractors of America, San Diego Chapter  v. California Department of Transportation (Caltrans), I described how Caltrans implements the federal Disadvantaged Business Enterprise (DBE) program in a way that requires prime contractors to … Continue reading

The Fisher oral argument: Proportional representation

As part of our continuining Fisher v. University of Texas oral argument coverage, I want to talk about a point pressed by the University in defense of its racial preference: proportional representation.   It has been well-reported that Texas had, through the … Continue reading

PLF’s brief in Fisher called “most persuasive overall”

The Weekly Standard ran an article this week on the twenty or so briefs that were filed on behalf of Abigail Fisher in her challenge to the University of Texas’s race-based admissions policy.  The article finds PLF’s brief, which was … Continue reading

Milwaukee’s guarantee of inequality

Last month the Hispanic Chamber of Commerce of Wisconsin filed an important lawsuit against the city of Milwaukee over the City’s new public contracting program.  In short, the City’s program, spelled out in City Ordinance 370, violates the Equal Protection Clause … Continue reading