Unconstitutional race quota on public commission prohibits qualified candidate from serving

Jay Greene is an accomplished academic, scholar, and retired professor. After earning his PhD from Harvard in the late 1990s, he has written prolifically about education, opportunity, and equality. Considering his extensive background and qualifications, this Arkansas resident wants to serve on the state’s Ethics Commission. However, Arkansas’ racial quota law restricts Greene from serving: Only a racial minority, according to Arkansas’ existing law, can fill the vacancy.

The Commission ensures that all public officials and candidates are acting in accordance with state laws: This includes political candidates and those who serve on state and local boards and committees.

Since June 2025, the Commission has had a vacancy, which the Attorney General is responsible for filling by appointment. However, Attorney General Tim Griffin refused to appoint someone because he did not want to comply with the quota requirements. Because Greene does not meet the racial quota standards, he cannot be appointed.

The Fourteenth Amendment’s Equal Protection and Citizenship Clause protect equal opportunity for all citizens, and yet, Arkansas’ unconstitutional law restricts qualified candidates like Greene from holding office.

Greene is afforded rights and privileges under the Constitution, and Arkansas’ current racial quota law restricts Greene from being appointed to the Commission based on merit. Everyone should have equal opportunity to serve on public boards and commissions.

Jay Greene is challenging Arkansas’ law with the help of Pacific Legal Foundation.

PLF previously represented Stephen Haile and Do No Harm and Foundation Against Intolerance and Racism (FAIR), leading to two positive legislative changes in Arkansas. Jay Greene’s case is continuing the work of ensuring that all Arkansans are treated equally.