Discourse : The Constitution’s Overlooked Road Map for an Accountable Bureaucracy

January 29, 2024 | By ALISON SOMIN

The Constitution grants executive power to the president, but presidents cannot do all the work of the executive branch alone. They need subordinates to help them carry out their work: cabinet secretaries, undersecretaries and thousands of other political appointees throughout the federal government. But the Constitution also promises a government ...


A federal judge ordered the SBA to stop its racial discrimination—but the agency isn’t listening

December 14, 2023 | By ALISON SOMIN

The Small Business Administration (SBA) is deliberately circumventing a nationwide injunction in Ultima Services Corp. v. Dept. of Agriculture—a case litigated by the Center for Individual Rights (CIR)—to stop racial preferences in the SBA’s 8(a) program, which makes “socially and economically disadvantaged” small business own ...


Law & Liberty : Watchdog or Lapdog?

December 11, 2023 | By ALISON SOMIN

Taxpayers fund the bipartisan United States Commission on Civil Rights to be “a watchdog, not a lapdog” when overseeing other civil rights agencies, just as its former Chair, Mary Frances Berry, once said. Unfortunately, its most recent report—”The Federal Response to Anti-Asian Racism”—ignores decades of federal agencie ...


Washington Examiner : Education Department turns a blind eye to universities’ continued racial discrimination

September 12, 2023 | By ALISON SOMIN

Eliminating racial discrimination means eliminating all of it, as the Supreme Court held just two months ago in the Students for Fair Admissions cases striking down race-preferential admissions at Harvard and the University of North Carolina. Yet many universities have _ essentially revealed _ they plan to disregard the intent of the ruling and con ...


The Messenger : Will a New Jersey Commercial Fishing Company Upend the Administrative State?

July 23, 2023 | By ALISON SOMIN

If you were looking for someone to strike a crippling blow against the administrative state, you might not think to start with a small, family-owned commercial fishing company in New Jersey. But constitutional heroes are often surprising. And that’s the case with Loper Bright Enterprises. Their case — which the Supreme Court will hear this ...


Discourse Magazine : The End of Race Preference in College Admissions?

June 30, 2023 | By ALISON SOMIN

Eliminating race discrimination means eliminating all of it. So holds the Supreme Court in two consolidated cases handed down yesterday, Students for Fair Admissions v. Harvard and Students for Fair Admissions v. North Carolina. Writing for a six-justice majority, Chief Justice John Roberts answered the simple question at the heart of these case &# ...


Reason : The Supreme Court Is Not in a ‘War on Science’

June 02, 2023 | By ALISON SOMIN

Last fall, Robert Redford (yes, that Robert Redford) took to the pages of USA Today to offer a dire warning of the dystopian future awaiting us if the Supreme Court reined in the Clean Water Act in Sackett v. Environmental Protection Agency (EPA), a case argued by our firm, the Pacific Legal Foundation. The Supreme … ...


The Hill : Race-preferential admissions offer only a mirage of opportunity

April 10, 2023 | By ALISON SOMIN

Individuals should be treated as individuals and not on the basis of their membership in racial groups. Nonetheless, race preferences in college and graduate school admissions are sometimes defended as opening up valuable opportunities to racial and ethnic minority students. … ...


Omaha World-Herald : End judicial bias in Nebraska, support LB 43


Outside of many Nebraska courthouses stands Lady Justice, blindfolded and holding a set of evenly balanced scales. Both the blindfold and scales symbolize the importance of fairness and even-handedness in court proceedings. Unfortunately, in court proceedings involving state administrative agencies, what’s known as “judicial deference&# ...